( 


t 


0 


V 


/ 


ORDINANCES 


OF 

THE  COMMON  COUNCIL  OF  THE  CITY 
OF  PHOENIX 


THE  COMMISSION  OF  THE  CITY 
OF  PHOENIX 


Published  by  Order  of 
The  Commission  of  the  City  of  Phoenix 
1921 


th£  MANUFACTURING  STATIONERS  INC.. 

-US' 

PHOENIX,  ARIZONA 


FOREWORD 


35^.07 

P 5 Co  er 
19  ll 


This  book  contains  all  of  the  “working”  ordinances  of  the  City 
of  Phoenix,  both  of  the  Common  Council  and  of  The  Commission. 
All  ordinances  of  a formal  nature  such  as  ordinances  authorizing 
the  making  of  contracts,  the  payment  of  money,  etc.,  made  neces- 
sary by  the  provisions  of  the  Charter  are  excluded  as  are  ordinances 
adopting  plans  for  the  improvement  of  streets.  Grade  ordinances 
are  aiso  excluded  largely  by  reason  of  the  fact  that  where  streets 
have  been  improved  the  grades  of  such  streets  will  be  found  in 
the  proceedings  providing  such  improvement.  All  other  grades 
have  been  incorporated  into  ordinance  No.  552  and  can  be  readily 
referred  to  in  the  office  of  the  City  Clerk.  Ordinances  pro- 
viding for  bond  issues  have  also  been  excluded  for  the  reason 
that  it  will  scarcely  be  necessary  to  refer  to  these  often  and  when 
such  a reference  is  necessary  they  can  readily  be  found  in  the  records 
of  the  City  Clerk.  Ordinances  vacating  streets  and  alleys  have 
also  been  excluded. 

It  was  the  original  intention  of  the  compiler  to  refer  to  all  such 
ordinances  by  number  and  title  but  to  do  so  would  take  up  prob- 
ably more  space  than  this  publication  contains  so  it  was  deemed 
advisable  in  the  interests  of  economy  to  change  that  plan. 

James  E.  Nelson.- 

m 

1 

k 

- 

* 

« 

< 


8 ! 4584 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/ordinancesofcommOOphoe 


ORDINANCES 

CITY  OF  PHOENIX 


CHAPTER  1 

PENAL  CODE 

ORDINANCE  NO.  313  Ordinance  313 

An  Ordinance  restricting  the  placing  of  guy  wires  upon 
telephone,  telegraph,  electric  light  and  trolley  poles 
within  the  corporate  limits  of  the  City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  follows: 

Section  1.  Every  guy  wire,  affixed  or  attached  to  any 
telephone,  telegraph,  electric  light  or  trolley  pole,  or  any 
other  pole  supporting  wires  carrying  electricity,  within  the 
corporate  limits  of  the  City  of  Phoenix,  shall  be  at  its 
lowest  point  at  least  eight  feet  from  the  ground,  and  if 
said  guy  wire  crosses  any  street  it  shall  be  at  any  point 
crossing  said  street  at  least  twenty  feet  from  the  ground. 

Sec.  2.  No  guy  wire  shall  be  connected,  attached  or 
affixed  to  any  tree  or  shrub  within  the  corporate  limits  of 
the  City  of  Phoenix  if  such  guy  wire  be  also  attached  or 
affixed  directly  or  indirectly  to  any  telegraph,  telephone, 
electric  light  or  trolley  pole  or  any  other  pole  supporting 
wires  carrying  electricity. 

Sec.  3.  Any  corporation,  person  or  persons,  affixing, 
connecting,  attaching  or  maintaining  any  guy  wire,  within 
the  corporate  limits  of  the  City  of  Phoenix,  in  violation 
of  the  provisions  of  this  Ordinance  shall  be  guilty  of  a 
misdemeanor. 

Sec.  4.  Any  guy  wire  affixed,  attached  or  connected 
to  any  pole,  tree  or  shrub,  within  the  corporate  limits  of 
the  City  of  Phoenix,  in  violation  of  the  provisions  of  this 
Ordinance,  is  declared  to  be  a nuisance  and  shall  be  sub- 
ject to  summary  removal,  without  notice,  by  the  City 
Marshal  or  any  other  officer  of  the  City  of  Phoenix. 

Sec.  5.  It  shall  be  the  duty  of  the  City  Marshal,  Dep- 
uty City  Marshal  and  Policemen  of  the  City  of  Phoenix  to 
remove  any  and  all  guy  wires,  placed,  affixed,  attached 
or  connected  to  any  pole,  tree  or  shrub,  within  the  cor- 
porate limits  of  the  City  of  Phoenix,  in  violation  of  the 
provisions  of  this  ordinance. 


6 


City  Ordinances 


Sec.  6 All  Ordinances  and  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed. 

Sec.  7.  This  Ordinance  shall  take  effect  from  and 
after  its  passage  and  publication  according  to  law. 

Passed  by  the  Common  Council  of  Phoenix  on  the  4th 
day  of  February,  1901. 

E.  GANZ, 

Attest:  Mayor. 

T.  A.  JOBS,  City  Recorder. 


Ordinance  363  ORDINANCE  NO.  363. 

An  Ordinance  to  prohibit  the  establishment  and  operation 
of  brick  yards  within  the  City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  follows: 
Section  1.  It  shall  be  unlawful  for  any  person,  per- 
sons, association  or  corporation  to  establish  and  operate 
any  brick  yard  or  kiln  within  the  limits  of  the  City  of 
Phoenix  from  and  after  the  passage  of  this  Ordinance. 

Sec.  2.  Any  person,  association  or  corporation  violat- 
ing the  provisions  of  Section  1 of  this  ordinance  shall  be 
guilty  of  a misdemeanor. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  accord- 
ing to  law. 

Passed  by  the  Common  Council  of  Phoenix,  this  8th 
day  of  April,  1905. 

Attest:  Acting  Mayor. 

FRANK  THOMAS,  City  Recorder. 


Ordinance  99  ORDINANCE  NO.  99. 

An  Ordinance  amending  and  revising  certain  of  the  or- 
dinances of  the  Common  Council  of  the  City  of  Phoe- 
nix and  certain  of  the  ordinances  of  the  Commission 
of  the  City  of  Phoenix;  defining  certain  crimes  and 
misdemeanors  against  the  peace,  health  and  safety 
of  the  said  City  of  Phoenix  and  providing  punishment 
therefor;  providing  a Penal  Code  for  the  City  of 
Phoenix  and  repealing  certain  ordinances  of  the 
Common  Council  of  the  City  of  Phoenix  and  of  the 
Commission  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix  as  follows: 


. City  of  Phoenix 


7 


CHAPTER  I. 

OFFENSES  AGAINST  THE  PUBLIC  PEACE. 

Section  1.  Every  person  who  keeps  any  disorderly 
house,  or  any  house  or  place  of  general  or  public  resort 
by  which  the  peace,  comfort  or  decency  of  the  imme- 
diate neighborhood  is  habitually  disturbed,  or  who  keeps 
any  inn,  hotel,  rooming  or  lodging  house  in  a disorderly 
manner,  shall  be  guilty  of  a misdemeanor. 

Section  2.  Any  person  who  shall,  purposely  or  care- 
lessly, discharge  any  gun,  pistol  or  other  firearm  in  any 
saloon,  dance  house,  store  or  other  public  house  or  busi- 
ness house  in  the  City,  thereby  endangering  the  life  or 
person  of  another,  or  thereby  disturbing  any  of  the  in- 
mates thereof,  or  who  shall  thereby  injure,  destroy  or 
damage  any  property  therein,  or  who  shall  discharge  the 
same  within  the  corporate  limits  of  the  City  of  Phoenix, 
except  in  necessary  self-defense,  or  upon  obtaining  per- 
mission from  the  City  Manager  therefor,  upon  good  cause 
shown,  shall  be  guilty  of  a misdemeanor  and  fined  in  any 
sum  not  exceeding  three  hundred  dollars  or  imprisoned 
in  the  City  Jail  for  a period  not  exceeding  six  months  or 
by  both  such  fine  and  imprisonment. 

Section  3.  (1)  It  shall  be  unlawful  for  any  person, 
firm,  association  or  corporation  to  sell  or  give  away  or 
to  have  in  his,  their  or  its  possession  for  the  purpose  of 
sale  or  giving  away,  or  to  display  for  sale  or  gift  any 
brass  or  other  knuckles  of  metal,  slungshot,  billy  or 
black  jack. 

It  shall  be  unlawful  for  any  person,  except  a police- 
man or  peace  officer  in  actual  service  and  discharge  of 
his  duty,  to  have  or  carry  concealed  on  or  about  his  per- 
son, any  pistol  or  other  firearm,  dirk,  dagger,  slung-shot, 
sword-cane,  spear,  brass  knuckles,  or  other  knuckles  of 
metal,  bowie-knife,  or  any  kind  of  knife  or  weapon,  ex- 
cept a pocket  knife  not  manufactured  and  used  for  the 
purpose  of  offense  and  defense. 

(2)  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a misdemeanor  and  may 
be  arrested  with  or  without  a warrant,  either  in  the  day 
time  or  in  the  night  time,  and  any  peace  officer  who 
shall  fail,  neglect  or  refuse  to  arrest  any  such  person  on 
his  own  knowledge  of  the  violation  of  said  section,  shall 
be  guilty  of  a misdemeanor. 

Any  person  found  guilty  of  violating  any  of  the  pro- 
visions of  this  section  shall  be  punished  by  a fine  of  not 
less  than  twenty  nor  more  than  three  hundred  dollars  or 


8 


City  Ordinances 


imprisonment  in  the  City  Jail  for  a period  of  not  less 
than  ten  nor  more  than  thirty  days  or  by  both  such  fine 
and  imprisonment. 

Sec.  4.  Every  person  who,  not  in  necessary  self  de- 
fense, in  the  presence  of  any  other  person,  draws  or  ex- 
hibits any  deadly  weapon  in  a rude,  angry  or  threatening 
manner,  or  who  in  any  manner  unlawfully  uses  the  same, 
is  guilty  of  a misdemeanor. 

Sec.  5.  Every  person  who,  without  authority  of  law, 
wilfully  disturbs  or  breaks  up,  or  attempts  to  break  up,  any 
assembly  or  meeting  not  unlawful  in  its  character,  is  guilty 
of  a misdemeanor. 

Sec.  6.  Every  person  who  maliciously  and  wilfully 
disturbs  the  peace  or  quiet  of  any  neighborhood,  family 
or  person  by  loud  or  unusual  noise,  or  by  tumultous  or 
offensive  conduct,  or  by  threatening,  traducing,  quarreling, 
challenging  to  fight  or  fighting,  or  who  applies  any  violent 
or  abusive  or  obscene  epithets  to  another,  is  guilty  of  a 
misdemeanor  and  is  punishable  by  a fine  not  exceeding 
two  hundred  dollars  or  by  imprisonment  in  the  City  Jail 
for  a period  not  to  exceed  two  months  or  by  both  such 
fine  and  imprisonment. 

Every  person  who  wilfully  disturbs  or  disquiets  any 
assemblage  of  people  met  for  religious  worship,  by  noise, 
profane  discourse,  rude  or  indecent  behavior,  or  by  any 
unnecessary  noise,  either  within  the  place  where  such 
meeting  is  held,  or  so  near  it  as  to  disturb  the  order  and 
solemnity  of  the  meeting,  is  guilty  of  a misdemeanor. 

Sec.  7.  Any  person  assisting  or  attempting  to  assist 
any  prisoner  confined  in  the  City  Jail  by  sentence  or  order 
of  the  City  Court  or  other  legally  constituted  tribunal  to 
escape  therefrom,  or  rescuing  or  attempting  to  rescue  any 
person  lawfully  in  the  custody  of  any  peace  officer  is 
guilty  of  a misdemeanor. 

Sec.  7*4.  An  assault  is  an  unlawful  attempt  coupled 
with  a present  ability  to  commit  a violent  injury  upon  the 
person  of  another. 

■ A battery  is  any  wilful  and  unlawful  force  of  violence 
upon  the  person  of  another. 

An  assault  and  battery  may  be  committed  by  the  use 
of  any  part  of  the  body  of  the  person  committing  the 
offense,  as  of  the  hand,  foot,  head,  or  by  the  use  of  any 
inanimate  object,  capable  of  inflicting  the  slightest  injury, 
or  by  the  use  of  any  animate  object,  as  by  throwing  or 
violently  pushing  one  person  against  another,  or  driving 


City  of  Phoenix 


9 


a horse  or  other  animal,  automobile,  bicycle,  or  motor- 
bicycle against  a person. 

Sec.  8.  Any  person  who  commits  an  assault  upon  the 
person  of  another  is  guilty  of  a misdemeanor. 

Sec.  9.  Any  person  who  commits  a battery  upon  the 
person  of  another  is  guilty  of  a misdemeanor. 

Sec.  10.  Any  person  who  commits  an  assault  and 
battery  upon  the  person  of  another  is  guilty  of  a mis- 
demeanor. 

Sec.  11.  Any  means  used  by  the  person  assaulting,  Ordinance 
as  by  spitting  in  the  face  or  otherwise,  which  is  capable 
of  inflicting  any  injury,  comes  within  the  definition  of  an 
assault  or  a battery  as  the  case  may  be. 

Sec.  12.  Violence  used  to  the  person  does  not  amount 
to  assault  or  battery  in  the  following  cases: 

In  the  exercise  of  the  right  of  moderate  restraint 
or  correction  given  by  law  to  the  parent  over  the  child, 
the  guardian  over  the  ward,  the  teacher  over  the  scholar. 

For  the  preservation  of  order  in  a meeting  for  relig- 
ious, political  or  other  lawful  purposes. 

The  preservation  of  the  peace,  or  to  prevent  the  com- 
mission of  an  offense. 

In  preventing  or  interrupting  an  intrusion  upon  the 
lawful  possession  of  property. 

In  making  lawful  arrest  and  detaining  the  party  ar- 
rested when  authorized  by  law,  or  in  obedience  to  the 
lawful  order  of  a magistrate  or  court,  and  in  overcoming 
resistance  to  such  lawful  order. 

In  self-defense,  or  in  defense  of  another  against  un- 
lawful violence  offered  to  his  person  or  property. 

Sec.  13.  In  all  cases  mentioned  in  the  preceding  sec- 
tion, where  violence  is  permitted  to  effect  a lawful  pur- 
pose, only  that  degree  of  force  must  be  used  which  is 
necessary  to  effect  such  purpose. 

Sec.  14.  Every  person  who  wilfully  administers  any 
poison  to  any  dog,  poultry,  live  stock  or  other  animals  the 
property  of  another,  or  maliciously  exposes  any  poison- 
ous substance,  with  the  intent  that  the  same  shall  be  taken 
or  swallowed  by  any  dog,  poultry,  live  stock  or  other 
animals  not  owned  by  him  is  guilty  of  a misdemeanor  and 
is  punishable  by  a fine  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars,  or  imprisonment  in  the  City  Jail 
for  not  less  than  ten  days  nor  more  than  thirty  days  or 
by  both  such  fine  and  imprisonment. 

Sec.  15.  All  persons  who  are  idle  and  dissolute,  and 


10 


City  Ordinances 


who  go  about  begging;  all  persons  without  visible  means 
of  living  who  have  the  physical  ability  to  work,  and  who 
have  not  for  the  space  of  ten  days  sought  employment  or 
labored  when  employment  was  offered  them;  all  persons 
who  use  any  juggling  or  other  unlawful  games  or  plays; 
runaways;  pilferers;  confidence  men;  common  drunkards; 
common  night-walkers;  prostitutes;  gamblers;  lewd;  wan- 
ton and  lascivious  persons,  in  speech  or  behavior;  common 
railers  and  brawlers;  persons  who  are  habitually  neglectful 
of  their  employment  or  calling  and  who  do  not  lawfully 
provide  for  themselves  or  for  the  support  of  their  families; 
all  persons  who  are  idle  or  dissolute  and  who  neglect  all 
lawful  business  and  who  habitually  mis-spend  their  time 
by  frequenting  houses  of  ill-fame,  gaming  houses  or  other 
places  of  unlawful  assembly  or  entertainment;  all  persons 
lodging  in,  or  found  in  the  night  time  in  outhouses,  sheds, 
barns,  railroad  cars,  vacant  buildings  or  sleeping  in  vacant 
lots  and  not  being  able  to  give  a good  account  of  them- 
selves; all  persons  known  to  be,  or  who  are  associates  of, 
thieves,  pickpockets,  burglars,  prostitutes  or  gamblers, 
either  by  their  own  confession  or  otherwise,  shall  be 
deemed  to  be,  and  they  are  hereby  declared  to  be 
vagrants. 

Any  persons  found  guilty  under  any  of  the  provisions 
of  Section  1 of  this  Ordinance  shall  be  deemed  guilty  of 
misdemeanor  and  shall  be  punished  by  a fine  not  to  exceed 
three  hundred  dollars  or  by  imprisonment  in  the  City  Jail 
for  a period  not  to  exceed  one  hundred  and  eighty  days 
or  by  both  such  fine  and  imprisonment. 

Sec.  16.  Every  person  having  upon  him  or  in  his  pos- 
session any  pick  lock,  crow,  key,  bit,  or  other  instrument 
or  tool,  with  intent  feloniously  to  break  or  enter  into  any 
'building,  or  who  shall  knowingly  make  or  alter,  or  shall 
attempt  to  make  or  alter,  any  key  or  other  instrument 
above  named,  so  that  the  same  will  fit  or  open  the  lock 
of  a building,  without  being  requested  so  to  do  by  some 
person  having  the  right  to  open  the  same,  or  who  shall 
make,  alter  or  repair  any  instrument  or  tl.'ig,  knowing 
or  having  reason  to  believe  that  it  is  intended  to  be  used 
in  committing  the  misdemeanor  or  felony  is  guilty  of  a 
misdemeanor. 

The  possession  of,  on  the  person,  of  the  above  named 
tools  or  instruments,  without  the  possessor  thereof  being 
able  to  give  a satisfactory  account  of  his  possession  of  the 
same  shall  be  prima  facie  evidence  of  the  possession 
thereof  for  an  unlawful  purpose. 


City  of  Phoenix 


11 


Sec.  17.  Any  person  who  shall  knowingly  or  wilfully 
obstruct,  resist  or  oppose  any  policeman  or  other  officer 
of  the  City  of  Phoenix,  authorized  to  make  arrests,  in 
serving  or  attempting  to  serve  any  lawful  process  or  order 
of  the  City  Magistrate  or  of  any  court  of  said  City,  or  in 
the  performance  of  any  official  duty,  or  shall  assault  or 
beat  any  such  officer  or  person  duly  authorized,  when 
serving  or  executing,  or  attempting  to  serve  or  execute, 
any  order  or  process  of  official  duty  as  aforesaid,  or  be- 
cause of  having  served  or  executed,  or  attempted  to  serve 
or  execute  the  same,  shall  be  guilty  of  a misdemeanor. 

Sec.  18.  Any  person  or  persons  escaping  or  attempt- 
ing to  escape  from  the  City  Jail  shall  be  guilty  of  a mis- 
• demeanor. 

Sec.  19.  It  shall  be  unlawful  for  the  Chief  of  Police, 
or  any  police  officer  or  other  officer  having  in  charge 
or  custody  any  person  duly  and  regularly  sentenced  and 
committed  by  the  City  Magistrate  to  confinement  in  the 
City  Jail,  at  any  time  previous  to  serving  of  the  full  term 
of  any  such  sentence,  unless  required  or  authorized  by 
competent  legal  authority  so  to  do,  to  release,  discharge 
or  liberate,  or  permit  to  be  released,  discharged  or  liber- 
ated any  person  so  sentenced  until  such  person  shall  have 
served  the  full  term  of  his  sentence  or  paid  into  the  City 
Court,  in  case  of  an  alternative  fine,  the  amount  of  fine 
imposed  by  the  City  Magistrate. 

Any  officer  violating  the  terms  of  this  section  shall 
be  deemed  guilty  of  a misdemeanor. 

Sec.  20.  It  shall  be  unlawful  for  any  person  or  per- 
sons upon  any  day  of  celebration,  carnival,  holiday  or 
upon  any  other  day  or  time,  to  throw,  discharge  or  cause 
to  be  thrown  or  discharged  upon  or  against  the  person  of 
any  individual,  within  the  limits  of  the’  City  of  Phoenix,  any 
bomb,  firecracker,  flour,  sand  or  any  other  substance  or  ma- 
terial whatever. 

Sec.  21.  It  shall  be  unlawful  for  any  person  or  per- 
sons to  loaf,  loiter  or  congregate  upon  any  of  the  side- 
walks in  the  City  of  Phoenix  so  as  to  obstruct  the  use  of 
the  sidewalks  to  pedestrians. 

CHAPTER  II. 

OFFENSES  AGAINST  PUBLIC  MORALS. 

Sec.  22.  Every  person  who  wilfully  and  lewdly  either: 

(1)  Exposes  his  person  or  the  private  parts  thereof 
in  any  public  place,  or  in  any  place  where  there  are  pres- 
ent other  persons  to  be  offended  or  annoyed  thereby;  or, 


12 


City  Ordinances 


(2)  Procures,  counsels  or  assists  any  person  to  ex- 
pose himself,  or  to  take  part  in  or  make  any  exhibition  of 
himself  to  public  view,  or  to  the  view  of  any  number  of 
persons,  such  as  is  offensive  to  decency,  or  is  adapted  to 
excite  vicious  or  lewd  thoughts  or  acts;  or, 

(3)  Sings  any  lewd  or  obscene  song,  ballad  or  other 
words,  in  any  public  place,  or  in  any  place  where  there 
are  persons  present  to  be  annoyed  thereby,  shall  be  guilty 
of  a misdemeanor. 

Sec.  23.  It  shall  be  unlawful  for  any  person  to  ex- 
pose, sell,  give  away  or  offer  to  sell  or  give  away,  or  to 
have  in  his  possession  for  such  purpose  or  purposes,  any 
indecent,  lewd,  obscene  book,  picture,  paper  or  thing. 

Any  person  violating  the  provisions  of  the  two  pre- 
ceding sections  shall  be  guilty  of  a misdemeanor. 

Sec.  24.  Any  person  who,  in  the  presence  or  hearing 
of  any  woman  or  child,  in  any  place  within  the  City  of 
Phoenix,  shall  use  vulgar  or  obscene  language,  or  who 
shall  use  vile  or  abusive  epithets  of  or  to  any  other  person 
in  the  presence  of  any  woman  or  child  shall  be  guilty  of  a 
misdemeanor  and  is  punishable  by  a fine  of  not  less  than 
five  dollars  and  not  more  than  fifty  dollars,  or  by  im- 
prisonment in  the  City  Jail  for  a period  not  to  exceed 
two  months. 

Sec.  25.  Any  person  exhibiting  or  performing,  or 
taking  any  part  in  the  exhibition  or  performance  of  any 
indecent,  lewd  or  immoral  play  or  presentation  shall  be 
guilty  of  a misdemeanor. 

Sec.  26.  Every  person  who  maliciously  kills,  maims 
or  wounds  any  animal  the  property  of  another,  or  who 
overdrives,  overloads,  drives  when  overloaded,  overworks, 
tortures,  deprives  of  necessary  sustenance,  drink  or  shelter, 
cruelly  beats,  mutilates,  or  cruelly  kills  any  animal  or 
causes  or  procures  any  animal  to  be  so  overdriven,  over- 
loaded, tormented,  deprived  of  necessary  sustenance,  drink 
or  shelter,  or  to  be  cruelly  beaten,  mutilated  or  cruelly 
killed;  and  whenever,  having  charge  or  custody  of  any 
animal,  either  as  owner  or  otherwise,  subjects  any  animal 
to  needless  suffering,  or  inflicts  unnecessary  cruelty  upon 
the  same,  or  in  any  manner  abuses  any  animal,  or  fails 
to  provide  the  same  with  proper  food,  drink,  shelter  or 
protection  from  the  weather,  or  who  cruelly  rides,  drives 
or  otherwise  uses  the  same  when  unfit  for  labor,  for  every 
such  offense,  shall  be  guilty  of  a misdemeanor. 

Sec.  27. , Any  person  who  appears  in  any  public  place 
in  the  City  of  Phoenix  in  a disorderly  condition  or  lies 


City  of  Phoenix 


13 


or  sleeps  on  any  street,  sidewalk,  alley  or  other  public 
place  in  the  said  city  in  a drunken  or  disorderly  condition, 
shall  be  guilty  of  a misdemeanor. 

Sec.  28.  Every  person  who  opens  or  maintains,  to  be 
resorted  to  by  other  persons,  any  place  where  opium  or 
any  of  its  preparations  are  sold  or  given  away,  to  be 
smoked  at  such  place  and  any  person  who  at  such  place 
sells  or  gives  away  any  opium  or  any  of  its  preparations,  to 
be  there  smoked  or  otherwise  used,  and  every  person  who 
visits  or  resorts  to  any  such  place  for  the  purpose  of  smok- 
ing opium,  or  any  of  its  preparations,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  29.  Any  person  renting,  leasing  or  using  any  Ordinance  138 
house,  room,  apartment,  or  other  place  as  a resort  for  the 
purpose  of  indulging  in  the  use  of  opium,  or  preparation 
containing  opium,  or  being  the  owner  or  person  in  charge 
or  control  of  such  house,  room,  or  apartment  knowingly 
suffers  it  to  be  used  for  such  purpose,  or  any  person  hav- 
ing in  his  possession  or  exhibiting  any  box,  pipe,  cup, 
thing,  or  apparatus  used  in  the  smoking,  eating,  or  in- 
haling of  opium  or  any  of  its  derivatives,  or  any  person 
acting  as  a lookout  or  tender  at  any  place  where  such  use 
of  opium  or  its  derivatives  is  practiced,  or  carried  on, 
shall  be  guilty  of  a misdemeanor. 

Sec.  30.  It  shall  be  the  duty  of  the  Chief  of  Police 
and  of  all  policemen  to  seize  and  keep  all  cups,  pipes, 
apparatus,  boxes  and  things  used  for  the  purpose  of  eating, 
smoking  or  inhaling  opium  or  any  preparation  thereof,  in 
any  such  place,  and  produce  the  same  in  court  in  any 
case  in  which  such  articles  shall  or  may  be  required  in 
evidence. 

Sec.  31.  Any  prostitute,  or  other  person  soliciting 
for  a prostitute  or  for  a place  of  prostitution,  or  any 
male  person  who  is  an  habitue  of  a place  of  prostitution, 
or  who  shall  solicit  persons  to  visit  or  patronize  a prosti- 
tute or  place  of  prostitution  or  who  makes  such  solicitation 
upon  the  streets  or  in  any  public  place  in  the  City  of 
Phoenix,  shall  be  guilty  of  a misdemeanor. 

Sec.  32.  Any  prostitute,  pimp,  panderer  or  habitue 
of  a place  of  prostitution  or  any  person  who  solicits  for  a 
place  of  prostitution,  who  loiters  or  continues  in  or  about 
any  public  place  within  the  corporate  limits  of  the  City 
of  Phoenix,  shall  be  guilty  of  a misdemeanor. 

Sec.  33.  Any  prostitute  who  shall  make  any  . public 
display  of  herself  upon  the  streets  of  the  city,  or  in  any 
public  place,  or  make  any  signs,  or  use  any  language  or 


14 


City  Ordinances 


do  anything  in  any  manner  whereby  her  calling  may  be 
advertised  or  made  known,  or  call  attention  to  herself 
by  loud  or  boisterous  talk  or  otherwise  upon  the  streets 
or  in  any  public  place  within  the  city,  or  who  visits  or 
loiters  in  or  about  any  billiard  room  or  public  place  or 
gathering  within  the  city  shall  be  deemed  guilty  of  a 
misdemeanor  for  such  and  every  act  herein  specified. 

Sec.  34.  Common  reputation  for  unchastity  or  prosti- 
tution and  a common  reputation  of  being  a pimp,  pan- 
derer  or  habitue  attending  upon  or  soliciting  for  prostitu- 
tion, shall  be  prima  facie  evidence  of  the  guilt  of  any 
such  person  who  may  be  arrested  under  the  provisions  of 
the  three  preceding  sections. 

Sec.  35.  Every  person  who  keeps  any  disorderly 
place  or  any  place  of  ill  fame  for  the  purposes  of  assigna- 
tion or  prostitution,  or  any  place  of  public  resort  by  which 
the  peace,  comfort  or  decency  of  the  immediate  neighbor- 
hood is  habitually  disturbed,  shall  be  guilty  of  a misde- 
meanor. 

Sec.  36.  Any  person  who  is  an  inmate  of  any  dis- 
orderly place  or  place  of  ill  fame,  for  the  purpose  of  pros- 
titution, fornication  or  adultery,  shall  be  guilty  of  a mis- 
demeanor. 

Sec.  37.  Any  person  frequenting,  loitering  in  or  con- 
tinuing in  any  place  of  ill  fame,  bawdy  house  or  place  of 
prostitution  shall  be  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  a sum  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  or  by 
imprisonment  in  the  City  Jail  for  not  more  than  one  hun- 
dred days  or  by  both  such  fine  and  imprisonment. 

Sec.  38.  It  shall  be  unlawful  for  the  owner  or  person 
having  charge  or  control  of  any  house,  building,  apart- 
ment, room  or  premises  to  rent  or  lease  any  such  house, 
building,  apartment,  room  or  premises  to  any  person  or 
persons  to  be  used  as  a place  of  prostitution  or  to  know- 
ingly suffer  or  permit  any  such  house,  building,  apart- 
ment, room  or  premises  to  be  used  for  prostitution  or  for 
immoral  purposes  or  practices,  and  any  such  owner  or 
person  violating  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a misdemeanor. 

The  owner  or  person  having  charge  or  control  of 
any  house,  building,  apartment,  room  or  premises  shall  be 
and  is  hereby  authorized  to  summarily  remove  and  eject 
from  such  house,  building,  apartment,  room  or  premises, 
any  tenant,  subtenant,  lessee  or  sublessee  or  any  person 
or  persons  who  may  or  shall  commit  any  act  of  prostitu- 


City  of  Phoenix 


15 


tion,  or  any  immoral  act  or  practice,  or  who  shall  know- 
ingly suffer  or  permit  to  be  committed  any  act  of  prosti- 
tution or  any  immoral  act  or  practice  in  or  about  such 
house,  building,  apartment,  room  or  premises. 

Sec.  39.  It  shall  be  unlawful  for  any  person  owning, 
controlling  or  in  charge  of  any  house  of  chance,  or  any 
gambling  devices  or  appliances  to  suffer  or  permit  any 
minors  to  play  at  or  patronize  the  same,  and 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a misdemeanor  and  shall  be  pun- 
ishable by  a fine  of  not  less  than  five  nor  more  than 
twenty  dollars  for  each  offense. 

Sec.  40.  Any  person  who  commits  any  grossly  inde- 
cent act  in  any  open  or  public  place  within  the  limits  of 
the  City  of  Phoenix  in  the  presence  of  any  other  person 
which  openly  outrages  decency  and  is  injurious  to  or  tends 
to  corrupt  public  morals,  shall  be  guilty  of  a misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  a sum  not 
less  than  twenty-five  dollars  and  not  more  than  one  hun- 
dred dollars.  A public  place  within  the  meaning  of  this 
section  is  a place  commonly  frequented  by  any  consid- 
erable number  of  persons. 

Sec.  41.  (1)  It  shall  be  unlawful  for  any  proprietor, 

keeper,  clerk,  or  other  person  having  charge,  management 
or  control,  permanently,  temporarily,  or  at  all,  of  any 
pool  or  billiard  hall  or  room  or  other  place  of  business 
within  the  corporate  limits  of  the  City  of  Phoenix  where 
pool  or  billiards  are  played,  to  permit  or  suffer  any  minor 
under  the  age  of  eighteen  years  to  frequent  or  loiter  or 
be  in  any  pool  or  billiard  hall  or  room  or  other  place  of 
business  where  pool  or  billiards  are  played,  over  which  he 
shall  be  in  charge,  management  or  control,  permanently, 
temporarily  or  at  all,  within  the  corporate  limits  of  the 
City  of  Phoenix. 

(2)  It  shall  be  unlawful  for  any  minor  under  the 
age  of  eighteen  years,  except  in  the  presence  of  his  parent 
or  guardian,  to  play  or  engage  in  any  game  of  pool  or 
billiards  or  to  frequent,  hang  around  or  be  in  any  pool  or 
billiard  hall  or  other  place  of  business  where  pool  or 
billiards  are  played  within  the  corporate  limits  of  the  City 
of  Phoenix. 

(3)  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a misdemeanor  and  upon 
conviction  shall  be  punished  by  a fine  of  not  more  than 
fifty  dollars  or  by  imprisonment  in  the  City  Jail  for  a 
period  of  not  more  than  fifty  days  or  by  both  such  fine 
and  imprisonment. 


16 


City  Ordinances 


Ordinance  139 


Ordinance  512 


Ordinance  253 


Sec.  42.  It  shall  be  unlawful  for  the  proprietor, 
keeper,  clerk,  or  other  person  having  charge  of  any  bowl- 
ing alley,  skating  rink,  pool  or  billiard  room,  to  keep  open 
or  permit  to  be  kept  open  any  such  bowling  alley,  skating 
rink,  pool  or  billiard  room  between  the  hours  of  12  o’clock 
at  night  and  6 o’clock  the  following  morning. 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  fined  in  the  sum  of  not  more  than  $50.00 
or  by  imprisonment  in  the  City  Jail  for  a period  not 
more  than  50  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  43.  Every  person  who  shall  deal,  carry  on,  or 
open  or  cause  to  be  opened,  or  who  shall  conduct,  either 
as  owner  or  proprietor,  or  employee,  whether  for  hire  or 
not,  any  game  of  faro,  monte,  roulette,  lasquinet,  rouge 
et  noir,  vingt-un  or  twenty-one,  poker,  stud-poker,  draw- 
poker,  bluff,  fan  tan,  thaw,  seven  and  one-half,  chuck-a- 
luck,  black-jack,  panginki,  craps,  or  any  similar  game 
whatsoever,  played  with  cards,  dice  or  any  other  device, 
and  every  slot  machine,  punch-board  or  machine  of  like 
character,  whether  the  same  be  played  for  money,  checks 
or  credits  or  other  representatives  of  value,  and  any  per- 
son who  shall  participate  in  any  of  the  above  enumerated 
or  other  games,  dealt,  carried  on,  opened  or  caused  to  be 
opened  by  any  other  person,  shall  be  guilty  of  a misde- 
meanor, and  upon  conviction  shall  be  punished  by  a fine 
of  not  more  than  three  hundred  dollars  or  by  imprison- 
ment in  the  City  Jail  for  a period  of  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment. 

Provided,  however,  that  nothing  herein  shall  be  con- 
strued to  apply  to  or  prohibit  the  use  of  candy  boards  and 
the  twenty-six  game  when  such  games  are  used  for  the 
purpose  of  playing  for  candy  or  cigars  only,  and  pro- 
vided further  that  it  shall  be  unlawful  for  dealers  on  candy 
or  cigars  to  purchase  back  any  of  such  merchandise  from 
any  person  winning  the  same. 

(2)  Every  proprietor,  owner,  lessee,  part  owner,  man- 
ager, or  any  person  having  the  management  or  control, 
either  temporary  or  permanent,  of  any  house,  building  or 
resort,  shall  permit  any  of  the  games  enumerated  in  the 
preceding  section  of  any  game  similar  thereto  to  be  played 
in  such  houses,  building  or  resort,  he  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  punished  in 
a manner  in  the  preceding  section  provided. 

(3)  Every  person  who  shall  deal,  carry  on  or  open, 
or  cause  to  be  opened,  or  who  shall  conduct,  or  who  shall 
participate  in,  either  as  owner,  proprietor,  employee  or 


City  of  Phoenix 


17 


participant,  whether  for  hire  or  not,  any  banking  or  per- 
centage game  whatsoever,  played  with  cards,  dice  or  any 
device,  or  by  the  aid  of  any  device,  whether  the  same  be 
played  for  money,  checks  or  credits,  or  any  other  repre- 
sentative of  value,  or  in  which  markers  are  used,  or  in 
which  anything  of  value  changes  hands,  shall  be  guilty  of 
a misdemeanor  and,  upon  conviction,  shall  be  punished  by 
a fine  of  not  more  than  three  hundred  dollars  or  by  im- 
prisonment in  the  City  Jail  for  a period  not  to  exceed  six 
months  or  by  both  such  fine  or  imprisonment. 

Sec.  44.  Every  person  who  lives  in  a state  of  open 
and  notorious  cohabitation  or  adultery  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  pun- 
ishable by  a fine  of  not  more  than  three  hundred  dollars, 
or  by  imprisonment  in  the  City  Jail  for  a period  of  not 
more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  45.  Each  person,  firm,  association  or  corporation, 
owning,  operating  or  controlling,  or  having  charge  of,  any 
theater,  concert  hall,  or  place  wherein  is  held,  had  or 
shown  any  act,  performance,  exhibition,  amusement  or 
attraction,  shall  at  all  times  keep,  maintain,  conduct  and 
operate  the  same  in  such  a manner  as  not  to  endanger 
the  peace,  health,  morals  or  safety  of  the  City  or  its 
inhabitants.  And  no  such  person,  firm,  association  or 
corporation  shall  cause,  suffer  or  permit  the  appearance 
or  exhibition  in  or  upon  any  such  theater,  concert  hall, 
or  place,  of  any  person  or  persons  in  a state  of  nudity, 
or  in  any  indecent  dress  or  costume,  or  any  indecent  ex- 
posure of  person  or  persons,  or  cause,  suffer  or  permit 
any  obscene,  lewd  or  indecent  act,  exhibition  or  language 
therein,  or  cause,  suffer  or  permit  any  indecent,  obscene 
or  lewd  picture,  writing  or  book  to  be  exhibited,  sold  or 
offered  for  sale  therein,  or  cause,  suffer  or  permit  any 
act,  attraction,  amusement  or  language  therein  which  shall 
in  anywise  tend  to  excite  race  hatred  or  prejudice,  or  to 
disturb  or  endanger  the  peace,  health,  morals  or  safety  of 
the  city,  or  of  the  inhabitants  thereof. 

The  Mayor,  the  City  Commissioners,  the  City  Man- 
ager and  City  Chief  of  Police  are  hereby  constituted  a 
Board  of  Censors,  and  are  hereby  authorized  and  empow- 
ered to  enter  any  and  all  such  theaters,  concert  halls  and 
places,  and  to  attend,  witness,  visit  and  investigate  any 
and  all  of  the  performances,  exhibitions,  amusements  and 
attractions  therein  and  thereon;  and  to  require  such  per- 
son, firm,  association  or  corporation,  owning,  maintaining, 
operating,  conducting,  controlling  or  in  charge  of  such 


18 


City  Ordinances 


theater,  concert  hall  or  place,  to  forthwith  cease,  end  and 
put  a stop  to  any  act,  show,  performance,  exhibition, 
amusement  or  attraction  which  the  said  Board  of  Censors, 
or  a majority  thereof  shall  deem  to  be  indecent,  obscene, 
lewd,  suggestive  or  of  an  immoral  character  or  tendency 
or  as  tending  to  excite  or  promote  race  hatred  or  preju- 
dice, or  as  tending  to  interfere  with  or  endanger  the 
peace,  health,  morals  or  safety  of  the  city  or  of  any  of  the 
inhabitants  thereof. 

Each  person,  firm,  association  or  corporation,  owning, 
operating,  controlling,  managing,  conducting,  or  in  charge 
of  any  such  theater,  concert  hall  or  place,  who  shall  cause, 
suffer  or  permit  the  appearance  or  exhibition  therein  of 
any  lewd,  obscene  or  indecent  act,  show,  performance, 
attraction,  exhibition  or  language,  or  who  shall  cause, 
suffer  or  permit  any  indecent,  obscene  or  lewd  picture, 
writing  or  book  to  be  exhibited,  sold  or  offered  for  sale 
therein  or  who  shall  cause,  suffer  or  permit  any  act,  show, 
exhibition,  attraction  or  amusement  therein,  which  may 
or  shall  tend  to  excite  or  promote  race  hatred  or  preju- 
dice, or  who  shall  cause,  suffer  or  permit  therein  or 
thereon  any  act,  show,  exhibition,  attraction  or  amuse- 
ment, which  may  or  shall  tend  to  interfere  with  or  en- 
danger the  peace,  health,  morals  or  safety  of  the  city,  or 
of  any  of  the  inhabitants  thereof,  or  who  shall  fail,  neglect 
or  refuse  to  forthwith  cease,  end  and  put  a stop  to  any 
such  act,  show,  exhibition,  attraction  or  amusement  which 
the  Board  of  Censors,  or  a majority  thereof,  shall  order 
to  be  discontinued,  ended,  or  put  a stop  to,  shall  be 
guilty  of  a misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a fine  of  not  more  than  one  hundred  dol- 
lars or  by  imprisonment  in  the  City  Jail  for  not  more 
than  one  hundred  days  or  by  both  such  fine  and  imprison- 
ment; and  in  addition  thereto,  the  license  of  such  person, 
firm,  association  or  corporation  may  be  revoked  by  the 
City  Commission. 

CHAPTER  III. 

OFFENSES  AGAINST  THE  PUBLIC  HEALTH  AND 
SAFETY. 

Sec.  46.  It  is  hereby  declared  a nuisance,  and  it 
shall  be  unlawful  for  any  person  to  bury  the  body  of  a 
human  being  within  the  corporate  limits  of  the  City  of 
Phoenix. 

Any  person  who  shall  violate  the  provisions  of  this 
section  shall  be  guilty  of  a misdemeanor. 

Sec.  47.  Any  person  or  persons  depositing  upon  the 


City  of  Phoenix 


19 


streets,  alleys  or  upon  any  vacant  lot  in  the  City  of  Phoe- 
nix any  refuse,  filth,  garbage  or  debris  of  any  kind  or 
nature,  except  at  such  times  and  places  and  under  such 
regulations  as  the  Commission  may  from  time  to  time 
adopt,  shall  be  guilty  of  a misdemeanor. 

Sec.  48.  Any  person  who  shall  at  any  time  sprinkle, 
pour,  throw  or  place,  or  cause  to  be  sprinkled,  poured, 
thrown  or  placed,  any  filthy  or  offensive  water,  fluid, 
liquid  matter  or  thing,  in  or  upon  any  street,  ditch,  lane, 
court,  square,  alley  or  vacant  lot  within  the  corporate 
limits  of  the  City  of  Phoenix  shall  be  guilty  of  a mis- 
demeanor. 

Sec.  49.  It  shall  be  unlawful  for  any  person  to 
sweep  the  dust,  dirt,  accumulations,  refuse  or  deposits 
from  any  building  onto  or  upon  any  public  sidewalk  in  the 
City  of  Phoenix,  but  the  same  at  the  time  of  sweeping 
shall  be  gathered  up  and  deposited  into  some  suitable 
receptacle  approved  by  the  City  Manager. 

Sec.  50.  It  shall  be  unlawful  for  any  person  to  sweep 
dust,  dirt,  accumulations,  refuse  or  deposits  on  any  pub- 
lic sidewalk  onto,  in  or  upon  any  street  or  gutter  of  any 
street  within  the  corporate  limits  of  the  City  of  Phoenix. 

Sec.  51.  Any  person  violating  the  provisions  of  Sec- 
tion Fifty-two  or  Fifty-three  shall  be  guilty  of  a misde- 
meanor and  upon  conviction  thereof  fined  in  a sum  not 
more  than  fifty  dollars  or  by  imprisonment  in  the  City 
Jail  for  not  more  than  fifty  days  or  by  both  such  fine  and 
imprisonment. 

Sec.  52.  It  shall  be  unlawful  for  any  person  to 
sweep,  scrub  or  flush  the  dust,  dirt  or  refuse  on,  upon, 
over,  off  or  from  any  public  sidewalk  in  the  City  of  Phoe- 
nix within  the  business  section  thereof,  or  to  throw  or 
place  thereon,  or  move  or  remove  therefrom,  any  dust, 
dirt,  or  refuse  between  the  hours  of  7:30  a.  m.  and  9:30 
p.  m.,  or  to  do  or  perform  any  act  or  thing  thereon  or 
therewith  during  any  hours  whatsoever  which  shall  affect 
or  menace  the  health  or  safety  or  interfere  with  the  safety, 
convenience  or  comfort  of  the  public  generally  or  of  any 
person  or  persons. 

For  the  purposes  of  this  section  the  business  section 
of  the  city  is  fixed  and  determined  to  be  that  portion  of 
the  City  of  Phoenix  bounded  and  defined  on  the  north  by 
the  center  line  of  Van  Buren  street,  on  the  east  by  the 
center  line  of  Fourth  street,  on  the  south  by  the  center 
line  of  Madison  street,  on  the  west  by  the  center  line  of 
Fourth  avenue. 


20 


City  Ordinances 


Any  person  violating  the  provisions  of  this  section 
shall  be  guilty  of  a misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a fine  in  a sum  not  more  than 
fifty  dollars,  or  by  imprisonment  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  imprisonment. 

Sec.  53.  It  shall  be  unlawful  to  pollute  or  cause  to 
be  polluted  any  of  the  irrigation  ditches  of  the  city  by 
washing  in  or  about  the  same,  or  to  throw  therein  any 
earth  or  filthy  matter,  or  to  wash  any  horse  or  other  ani- 
mal therein ; or  to  run  or  drain  or  throw  therein  any 
sewage,  kitchen  slops,  waste  or  refuse  matter  or  anything 
injurious  to  health  or  offensive  to  the  sense;  or  to  bathe 
or  wash  clothes  therein. 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a misdemeanor. 

Sec.  54.  It  shall  be  unlawful  for  any  person  to  spit 
or  expectorate  upon  any  of  the  public  sidewalks  or  cross 
walks  in  the  City  of  Phoenix  or  upon  any  public  path, 
by-way  or  highway  or  in  or  on  any  public  ground  or 
park  in  the  City  of  Phoenix,  or  upon  the  floor  or  interior 
of  any  street  railway  car  or  other  public  conveyance  or 
of  any  public  building  in  the  City  of  Phoenix. 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a misdemeanor  and,  upon 
conviction  thereof,  shall  be  punished  by  a fine  of  not 
more  than  five  dollars,  or  by  imprisonment  in  the  City 
Jail  for  a period  of  not  more  than  five  days,  or  by  both 
such  fine  and  imprisonment. 

Sec.  55.  (1)  It  shall  be  unlawful  for  any  person, 

firm  or  corporation  to  remove,  or  cause  to  be  removed  or 
hauled,  any  garbage,  rubbish  or  swill  on  or  along  any 
public  street,  avenue  or  alley  in  the  City  of  Phoenix, 
without  first  obtaining  a written  permit  so  to  do  from  the 
City  Health  Officer.  The  said  City  Health  Officer  shall 
grant  permits  to  applicants  therefor  only  on  condition 
that  the  provisions  of  the  Ordinances  of  the  City  of  Phoe- 
nix relating  to  the  removal  of  garbage,  rubbish  or  swill  be 
strictly  complied  with  in  every  particular.  Said  permits 
shall  be  numbered  consecutively.  Any  permit  so  granted 
shall  be  revoked  by  the  City  Health  Officer  if  it  shall 
appear  to  said  officer  that  the  party  holding  the  same,  or 
any  of  his  agents  or  employes,  has  violated  the  provisions 
of  the  Ordinances  of  the  City  of  Phoenix  relating  to  the 
removal  of  garbage,  rubbish  or  swill. 

(2)  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  remove  or  haul,  or  cause  to  be  removed  or 


City  of  Phoenix 


21 


hauled,  on  or  along  any  public  street,  avenue  or  alley  in 
the  said  city,  any  garbage  or  swill  unless  the  same  is  con- 
tained in  strong  watertight  wagons,  carts,  barrels,  gal- 
vanized iron  or  tin  receptacles,  so  constructed  as  to  pre- 
• vent  any  such  garbage  or  swill  from  falling,  leaking  or 
spilling  therefrom,  and  any  odor  escaping  therefrom,  and 
said  wagons,  carts,  galvanized  iron  or  tin  receptacles  shail 
be  constructed  and  maintained  in  the  manner  provided  by 
the  City  Health  Officer. 

(3)  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  remove,  haul,  or  cause  to  be  removed  or 
hauled,  on  or  along  any  public  street,  avenue  or  alley  in 
the  city,  any  rubbish,  unless  the  same  is  contained  in 
strong,  tight  wagons,  carts,  barrels  or  receptacles  so  con- 
structed as  to  prevent  any  such  rubbish  from  falling 
therefrom,  and  such  wagons,  carts,  barrels  or  other  recep- 
tacles shall  be  constructed  and  maintained  in  the  manner 
prescribed  by  the  City  Health  Officer. 

(4)  It  shall  be  the  duty  of  every  person,  firm  or 
corporation  removing  or  hauling  any  garbage,  rubbish  or 
swill  to  replace  immediately  in  such  wagon  or  cart,  barrel 
or  other  receptacle,  any  such  material  as  may  have  fallen 
therefrom  in  or  upon  any  street,  avenue  or  premises. 

(5)  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  dump  or  deposit,  or  cause  to  be  dumped  or 
deposited,  upon  any  street  or  premises  in  the  city,  any 
garbage,  swill,  rubbish  or  other  matter  of  a like  nature, 
or  any  refuse  of  any  kind  whatsoever. 

(6)  Garbage  shall  be  divided  for  the  purposes  of  this  Ordinance  179 
Ordinance  into  two  classes,  as  follows: 

Class  1.  Shall  mean  and  be  taken  to  be  all  liquid 
refuse  from  kitchens,  factories  and  other  places  where 
meats,  fish,  fruits  or  other  vegetables  are  prepared  for 
food;  all  decayed  or  unsound  fruit  or  vegetables  and  all 
animal  and  vegetable  kitchen  refuse,  and  all  organic 
household  waste  that  shall  have  been  prepared  for,  or 
intended  to  be  used  as  food,  or  shall  have  resulted  from 
the  preparation  of  food. 

Class  2.  Shall  mean  and  be  taken  to  be  all  ashes, 
bottles,  tin  cans,  waste  paper  and  all  such  other  things  of 
a similar  nature  as  comprise  the  daily  accumulation  from 
residences  alone. 

(7)  It  shall  be  the  duty  of  every  resident,  house- 
holder, tenant,  hotel  keeper,  boarding  house  keeper,  res- 
taurant keeper  and  all  parties  or  persons  occupying  dwell- 
ings within  the  City  of  Phoenix,  to  provide,  or  cause  to  be 


22 


City  Ordinances 


provided,  and  at  all  times  to  keep,  or  cause  to  be  kept,  for 
the  disposal  of  Class  1 garbage,  portable  vessels,  tanks  or 
receptacles  for  holding  garbage;  such  vessels,  tanks,  or 
receptacles  shall  be  of  metal  and  water-tight,  of  a capacity 
of  not  less  than  one  (1)  gallon,  nor  more  than  sixteen 
(16)  gallons,  and  shall  be  provided  with  a handle  or 
handles  on  the  outside,  and  a tightly  fitting  cover,  which 
such  cover  shall  not  be  removed  except  when  absolutely 
necessary;  such  vessels,  tanks^or  receptacles  shall  be  kept 
placed  as  follows: 

Where  there  is  an  alley  in  the  rear  of  the  premises, 
the  vessels,  tanks  or  receptacles  shall  be  placed  on  the 
premises  within  five  feet  of  the  rear  of  the  property  line. 

Where  there  is  a side  entrance,  but  no  alley,  the  ves- 
sels, tanks  or  receptacles  shall  be  placed  on  the  premises 
at  a point  between  fifty  feet  and  seventy-five  feet  back 
from  the  front  property  line. 

Where  there  is  neither  alley  nor  side  entrance,  the 
vessels,  tanks  or  receptacles  shall  be  placed  on  the  curb 
in  front  of  the  premises.  And  each  resident,  householder, 
tenant,  hotel  keeper,  boarding  house  keeper,  restaurant 
keeper  and  all  parties  or  persons  occupying  dwellings 
within  the  City  of  Phoenix  shall,  in  addition  to  the  recep- 
tacles in  this  section  provided  for,  provide  a receptacle 
for  holding  Class  II  garbage,  which  receptacle  shall  be 
placed  on  the  property  in  the  manner  as  provided  for  the 
placing  of  the  Class  I garbage,  but  shall  be  of  a portable 
character  and  of  not  more  than  eight  (8)  cubic  feet 
capacity. 

(8)  It  shall  be  unlawful  for  any  resident,  house- 
holder, tenant,  hotel  keeper,  restaurant  keeper,  boarding 
house  keeper,  or  any  parties  or  persons  occupying  dwell- 
ings within  the  City  of  Phoenix,  to  procure  or  permit  or 
cause  any  person  other  than  the  City  Garbage  Contractor 
and  his  employees  to  remove  any  garbage  from  his  prem- 
ises; and  it  shall  be  unlawful  for  any  person  other  than 
said  contractor  and  his  employees  to  remove  or  cause  to  be 
removed  any  garbage  from  any  premises  within  the  City  of 
Phoenix. 

(9)  No  garbage  shall  be  hauled  or  removed  from 
any  place  within  the  Business  District  of  the  City  of 
Phoenix  except  between  the  hours  of  7 p.  m.  and  6 a.  m. 
of  the  following  day. 

(10)  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor 
and  upon  conviction  thereof  shall  be  punished  -by  a fine 
of  not  to  exceed  ten  ($10.00)  dollars,  or  by  imprisonment 


City  of  Phoenix 


23 


in  the  City  Jail  for  a period  of  not  to  exceed  ten  (10) 
days,  or  by  both  such  fine  and  imprisonment. 

Sec.  56.  (1)  No  owner,  tenant  or  occupant  of  any 

premises  within  the  City  of  Phoenix  shall  hereafter  erect 
or  construct  thereon  any  barn,  stable  or  corral  within  the 
City  of  Phoenix,  whether  public  or  private,  within  twenty 
feet  of  any  bedroom  or  room  or  place  used  for  sleeping 
purposes,  or  of  any  door  or  window  of  any  dining  room, 
lunch  counter  or  lunch  room  within  the  City  of  Phoenix 
unless  and  until  the  said  premises  so  used  for  the  keeping 
of  such  animals  and  live  stock  shall  be  securely  screened 
and  shut  off  from  the  view  of  such  bedroom,  lunch  coun- 
ter or  lunch  room  by  a solid  and  substantial  wall  of  suffi- 
cient height  and  thickness  to  prevent  persons  using  such 
bedroom,  dining  room,  lunch  counter  or  lunch  room  from 
being  annoyed  by  the  view  of  or  odor  arising  from  such 
premises  as  occupied  and  used  for  the  keeping  of  such 
animals  and  live  stock. 

(2)  It  shall  be  the  duty  of  every  person  owning, 
controlling,  operating  and  having  in  charge  any  public  or 
private  corral,  stable,  barn  or  place  where  horses,  mules, 
asses,  cattle,  sheep,  goats,  swine,  poultry  or  other  live 
stock  are  kept,  to  have  and  maintain  at  all  times  upon 
the  premises  in  or  adjacent  to  such  corral,  stable,  barn  or 
place  a receptacle  of  sufficient  dimensions,  which  shall  be 
fly  tight,  for  the  purpose  of  containing  the  droppings  of 
manure  from  such  stock,  which  said  receptacle  shall  have 
a top  or  lid  so  arranged  and  maintained  as  to  be  fly  tight 
and  exclude  therefrom  all  flies;  and  such  owner,  tenant  or 
occupant  shall  promptly  deposit  therein  all  droppings  from 
such  stock,  and  shall  keep  the  lid  thereof  closed  (except 
when  necessarily  open  for  the  purpose  of  depositing 
thereon  or  removing  therefrom)  in  such  manner  as  to 
prevent  the  ingress  and  egress  of  flies  thereto  and  there- 
from, and  every  such  owner,  tenant  or  occupant  within 
the  City  of  Phoenix  shall  cause  the  contents  of  such  re- 
ceptacles to  be  removed  from  the  premises  at  least  once 
a week,  and  oftener  if  required  by  the  City  Health  Of- 
ficer; and  no  such  manure  shall  be  transported  over  or 
along  any  public  street  or  way  within  the  City  of  Phoenix 
except  in  a tight  vehicle,  which,  if  not  closed,  must  be 
covered  with  canvas  or  other  suitable  material,  so  as  to 
prevent  the  falling  of  the  manure  therefrom  and  the  ac- 
cess of  flies  thereto. 

(3)  No  owner,  tenant  or  occupant  of  any  premises 
within  the  City  of  Phoenix  shall  suffer,  permit  or  have 
upon  such  premises  any  privy,  cesspool,  vault,  pit  or  like 


24 


City  Ordinances 


place,  animal  manure,  garbage,  trash,  litter,  rags,  or  other 
thing  in  which  flies  may  breed  or  multiply,  unless  the 

same  shall  be  protected  as  to  prevent  the  attraction, 

breeding  and  multiplying  of  flies. 

(4)  Every  owner,  tenant  or  occupant  of  any  premises 

within  the  City  of  Phoenix  in  or  upon  which  are  kept  any 

horses,  mules,  asses,  cattle,  sheep,  goats,  swine,  poultry  or 
other  livestock  or  in  or  upon  which  there  is  any  privy, 
vault,  cesspool,  or  place  which  is  or  may  become  noxious  or 
offensive  to  the  senses,  shall  at  all  times  keep  and  main- 
tain such  premises  so  covered,  inclosed,  protected,  cleaned, 
drained  and  disinfected  that  no  offensive  or  noxious  gases 
or  odors  may  or  shall  arise  therefrom,  and  any  such  prem- 
ises which  are  not  at  all  times  kept  and  maintained  so 
covered,  closed,  protected,  cleaned,  drained  and  disinfected 
as  to  prevent  any  and  all  offensive  and  noxious  gases  and 
odors  arising  therefrom,  or  which  are  allowed  or  suffered 
to  become  a breeding  place  for  flies  and  insects,  or  to 
become  offensive  or  obnoxious  to  the  residents  in  the 
immediate  neighborhood,  are  hereby  declared  to  be  nui- 
sances and  subject  to  summary  abatement,  and  in  addition 
to  such  abatement,  the  person  or  persons  in  charge  or 
control  thereof,  or  responsible  therefor,  shall  be  guilty  o £ 
a misdemeanor  and  punishable  as  hereafter  provided. 

(5)  For  the  purpose  and  within  the  meaning  of  this 
section,  a public  corral  shall  be,  and  is  hereby  defined,  as 
any  inclosure,  corral,  lot  or  place,  other  than  a stable, 
where  horses,  mules,  asses,  cattle,  sheep,  goats,  swine, 
poultry  or  other  live  stock  are  kept  or  maintained  for 
hire  or  compensation  or  are  offered  for  rent  or  sale  to 
the  public,  and  the  word  “stable”  shall  be  and  is  hereby 
defined  as  any  building  or  portion  thereof  used  for  the 
housing  of  any  horses,  mules,  asses,  cattle,  sheep,  goats, 
swine,  poultry  or  other  live  stock. 

(6)  Any  person,  firm,  association  or  corporation 
occupying,  owning,  controlling  or  having  in  charge  any 
premises  within  the  City  which  are  used  or  occupied  for 
the  raising  of  a garden,  grass,  flowers,  trees  and  shrub- 
bery may  use  therein  or  thereon  animal  manure  and  other 
fertilizer,  provided,  that  no  more  than  two  loads  of  animal 
manure  or  fertilizer  shall  be  piled  or  stored  within  fifty 
feet  of  any  house  or  place  used  for  a dwelling,  or  of  any 
dining  room,  lunch  room  or  lunch  counter,  and  that  the 
same  when  so  used  or  piled  shall  be  safeguarded  against 
the  breeding  and  multiplication  of  flies  therein. 

(7)  Each  person,  firm,  association  or  corporation 
that  shall  violate  or  fail  to  comply  with  the  provisions  of 


City  of  Phoenix 


25 


this  section  shall  be  guilty  of  a misdemeanor  and,  upon 
conviction  thereof,  shall  be  punished  by  a fine  of  not  more 
than  fifty  dollars  for  each  offense,  and  each  day  or  portion 
thereof  during  which  such  violation  or  failure  continues 
shall  be  deemed,  and  is  hereby  declared  to  be  a separate 
offense. 

Sec.  57.  All  cesspools,  open  vaults  and  privies  within 
the  City  of  Phoenix  are  hereby  declared  a nuisance,  and 
subject  to  summary  abatement,  and  each  person,  firm,  as- 
sociation or  corporation  owning  any  lot,  grounds  or  prem- 
ises, within  the  limits  of  the  City  of  Phoenix,  upon  which 
there  are  any  cesspools,  open  vaults  or  privies,  is  hereby 
required  to  forthwith  remove,  fill  up  and  abate  the  same, 
except  in  such  cases  where  the  City  Health  Officer  for 
good  cause  shown  shall  grant  temporary  permission  to 
maintain  and  use  the  same. 

(a)  Each  person,  firm,  association  or  corporation 
owning  any  lot,  ground  or  premises  within  the  City  of 
Phoenix,  upon  which  there  now  are  or  hereafter  may  be 
placed  or  installed  any  toilet,  lavatory,  urinal,  water  closet, 
sink,  wash  basin,  wash  tub  or  other  like  place  or  thing, 
shall  forthwith  connect,  or  cause  to  be  connected  the  same 
with  the  City  Sewer,  and  shall  at  all  times  keep  and  main- 
tain the  same  clean  and  in  ,a  good  sanitary  condition,  and 
in  a good  condition  and  state  of  repair,  and  not  allow, 
suffer  or  permit  the  same  to  become  foul,  clogged  or 
unsanitary. 

(b)  Should  any  owner  of  any  lot,  grounds  or  prem- 
ises within  the  city  fail,  neglect  or  refuse  to  forthwith 
remove,  fill  up  and  abate  any  cesspool,  open  vault  or 
privy,  or  fail  to  connect  any  such  toilet,  lavatory,  urinal, 
water  closet,  sink,  wash  basin,  wash  tub  or  other  like  place 
or  thing,  as  in  this  section  provided,  with  the  City  sewer,  or 
fail  to  keep  such  toilet,  lavatory,  urinal,  watercloset,  sink, 
wash  basin,  wash  tub  or  other  like  place  or  thing,  clean, 
sanitary,  and  in  a good  state  and  condition  of  repair, 
and  in  good  working  order,  then  the  City  Manager  is 
hereby  authorized,  empowered  and  directed  to  cause  to 
be  filled  up,  removed  and  abated,  such  cesspool,  open 
vault  or  privy,  and  to  close  such  toilet,  lavatory,  urinal, 
water  closet,  sink,  wash  basin,  wash  tub  or  other  like 
place  and  thing  to  be  cleaned,  flushed  and  placed  in  a 
good  state  and  condition  of  repair  and  operation ; and 
the  City  Manager  is  hereby  further  directed  to  thereupon 
forthwith  prepare  a verified  statement  of  account  of  all 
expenses  incurred  in,  or  by,  or  incident  to  such  removal, 
filling,  abatement,  connection,  construction,  installation, 


26 


City  Ordinances 


cleaning  and  repair,  or  either  of  them,  and  to  file  such 
verified  statement  of  account  with  the  City  Assessor  and 
ex-officio  City  Tax  Collector. 

(c)  All  expenses  incurred  in,  occasioned  by  and  in- 
cident to  the  removal,  filling  up  and  abatement  of  any 
cesspool,  open  vault  or  privy,  and  in  causing  any  toilet, 
lavatory,  urinal,  water  closet,  sink,  wash  basin,  wash  tub 
and  other  like  place  or  thing  to  be  cleaned,  flushed  and 
placed  in  a good  state  and  condition  of  repair  and  opera- 
tion, and  each  of  them,  and  as  fixed  and  determined  by 
said  verified  and  itemized  statement  of  account  filed  with 
the  said  City  Assessor  and  ex-officio  Tax  Collector,  are 
hereby  declared  to  be  a lien  upon  and  against  the  said 
grounds,  lots  and  premises  and  the  buildings  and  im- 
provements thereon,  and  shall  be  collected  at  the  same 
time  and  in  the  same  manner  as  other  city  taxes  are  col- 
lected. 

(d)  Any  owner  of  any  lot,  grounds  or  premises  within 
the  City,  who  shall  fail,  neglest  or  refuse  to  remove,  fill  up 
and  abate  any  such  cesspool,  open  vault  or  privy,  therein,  or 
thereon,  or  who  shall  fail,  neglect  or  refuse  to  connect  any 
such  toilet,  lavatory,  urinal,  water  closet,  sink,  wash  basin, 
wash  tub  or  other  like  place  or  thing  therein  or  thereon  with 
the  City  sewer,  or  who  shall  fail,  neglect  or  refuse  to  keep 
and  maintain  any  such  toilet,  lavatory,  urinal,  water  closet, 
sink,  wash  basin,  wash  tub  or  other  like  place  or  thing 
therein  or  thereon  in  a sanitary  condition,  and  in  a good 
state  and  condition  of  maintenance  and  repair  shall  also  be 
guilty  of  a misdemeanor,  and,  upon  conviction  thereof,  shall 
be  punished  by  a fine  of  not  more  than  fifty  dollars,  or  by 
imprisonment  in  the  City  Jail  for  not  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment. 

Sec.  58.  (a)  It  shall  be  unlawful  for  any  person,  firm, 

association  or  corporation  to  conduct,  operate  or  maintain 
any  slaughter  house  or  other  establishment  where  cattle, 
sheep,  goats  or  swine  are  slaughtered  or  kept  for  slaughter 
within  the  corporate  limits  of  the  City  of  Phoenix  or  within 
one  mile  thereof  save  and  except  within  the  following 
boundaries,  to-wit: 

That  portion  of  the  Southwest  quarter  of  Section 
Eighteen  (18)  Township  One  North  of  Range  Three  (3) 
East  of  the  Gila  and  Salt  River  Base  Line  and  Meridian, 
Maricopa  County,  Arizona,  more  particularly  described  as 
follows,  to-wit:  Beginning  at  the  southeast  corner  of  the 
southwest  quarter  of  said  Section  Eighteen  (18)  and  run- 
ning thence  north  along  the  east  boundary  line  of  west  half 
of  said  Section  Eighteen  (18)  Twenty-two  Hundred  (2200) 


City  of  Phoenix 


27 


feet;  thence  west  parallel  with  the  north  boundary  line  of 
said  southwest  quarter  of  the  west  boundary  line  of  said  Sec- 
tion Eighteen  (18)  ; thence  south  Twenty-two  Hundred  (2200) 
feet  along  the  west  boundary  line  of  said  Section  Eighteen 
(18)  to  the  southwest  corner  of  said  Section  Eighteen  (18)  ; 
thence  east  along  the  south  boundary  line  of  Section  Eight- 
een (18)  to  the  place  of  beginning. 

(b)  That  those  certain  premises  situated  in  the  County 
of  Maricopa,  Arizona,  and  described  in  the  preceding  para- 
graph be,  arid  the  same  are,  hereby  established  as  a slaugh- 
ter house  district. 

(c)  Any  person,  firm,  association  or  corporation  desir- 
ing to  conduct,  operate  or  maintain  slaughter  houses  within 
the  Slaughter  House  District  hereby  established,  shall  be 
subject  at  all  times  to  any  and  all  ordinances,  resolutions, 
rules  or  other  order  that  may  be  adopted  by  the  Commission, 
sitting  as  a Board  of  Health,  or  otherwise,  and  nothing  here- 
in shall  be  construed  as  permitting  any  person,  firm,  asso- 
ciation or  corporation  to  conduct,  operate  or  maintain  any 
slaughter  house  within  the  district  herein  prescribed  in  such 
manner  as  shall  in  any  way  become  unsanitary,  obnoxious, 
offensive  or  a public  nuisance. 

Any  person  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a misdemeanor. 

Sec.  59.  (1)  The  following  diseases  are  hereby  de- 

clared to  be  communicable  and  dangerous  to  the  public 
health:  Bubonic  plague,  chicken  pox,  cholera  (Asiatic  or 

epidemic),  dengue,  diphtheria  (diphtheria  croup,  diphtheria 
sore  throat),  German  measles,  hydrophobia  (rabies),  leprosy, 
malarial  fever,  measles,  relapsing  fever,  scarlet  fever  (scar- 
latina, scarlet  rash),  small  pox  (variola,  varioloid),  typhoid 
fever,  whooping  cough,  yellow  fever,  typhus  - fever,  infantile 
paralysis,  epidemic  cerebrospinal  meningitis,  and  tuberculo- 
sis, and  shall  be  understood  to  be  included  in  the  following 
sections  unless  certain  of  them  only  are  specified. 

(2)  Every  physician  who  shall  know  or  suspect  that 
any  person,  requiring  his  services  professionally,  is  suffer- 
ing from  any  of  the  diseases  named  in  the  preceding  para- 
graph, shall  forthwith  make  report  in  writing  to  the'  City 
Health  Officer  upon  blanks  to  be  furnished  for  that  purpose. 
The  report  shall  be  personally  signed  by  the  physician  and 
shall  contain  such  items  of  information  as  are  indicated  on 
the  blanks  aforesaid.  Cases  merely  suspected  shall  be  re- 
ported as  suspicious,  or  suspected  cases,  and  the  City  Health 
Officer  shall  be  notified  promptly  upon  a definite  decision 
being  made  as  to  the  nature  of  the'  disease. 

(3)  In  case  of  Asiatic  cholera,  bubonic  plague,  small 


28 


City  Ordinances 


pox,  and  yellow  fever,  in  addition  to  the  card  report  the  City 
Health  Officer  shall  be  immediately  notified  by  the'  most  ex- 
peditious method  (telephone,  telegraph,  messenger).  Like 
immediate  notice,  in  addition  to  the  card  report,  shall  also 
be  given  to  the  City  Health  Officer  of  PRIMARY  cases  in 
the  City  of  chicken  pox,  diphtheria,  measles,  scarlet  fever 
and  whooping  cough. 

(4)  Every  keeper  of  any  private  house,  boarding 
house,  lodging  house,  inn  or  hotel,  who  shall  know  or  sus- 
pect that  any  person,  boarder,  lodger,  guest,  tenant  or  other 
occupant  of  premises  owned,  conducted,  managed  or  super- 
vised by  him,  or  any  member  of  his  family,  is  suffering 
from  any  of  the  diseases  named  in  this  section  shall  forth- 
with make  report  in  writing  to  the  City  Health  Officer,  pro- 
vided, that  where  a physician  or  other  person  has  profes- 
sionally attended  such  person,  the'  responsibility  of  such  re- 
port shall  devolve  solely  upon  the'  physician  or  person  so  at- 
tending such  person. 

(5)  The  City  Health  Officer  shall,  upon  receiving  a 
report  of  any  case  of  any  disease,  named  in  the  first  para- 
graph of  this  section,  forthwith  make  such  inspection  and 
examination  as  may  be  necessary  and  shall  take  such  ac- 
tion as  may  be  provided  herein  or  by  the  rules  and  regula- 
tions of  the  State  Board  of  Health. 

(6)  Upon  receipt  of  the  reports  in  paragraphs  2 and 
3 of  this  section  provided  the  City  Health  Officer  shall  im- 
mediately proceed  in  the  manner  following: 

(a)  Upon  notice  to  him  of  the  existence  of  bubonic 
plague,  cholera,  small  pox  and  yellow  fever  he  shall  declare 
and  establish  an  absolute  quarantine  which  shall  continue 
until  raised  by  him  or  by  the  City  Board  of  Health  and  the 
term  “ Absolute  quarantine”  used  herein  shall  include,  first: 
Absolute  prohibition  of  entrance  to  or  exit  from  a building 
or  conveyance  except  by  officers  or  attendants  authorized  by 
the  health  authorities,  and  the  placing  of  guards  if  neces- 
sary to  enforce  this  prohibition;  second:  the  posting  of  a 
warning  placard  stating  the  name  of  the  disease,  in  a con- 
spicuous place  or  places  on  the  outside  of  the  building  or 
conveyance;  third:  the  prohibition  of  the  passing  out  of  any 
object  or  material  from  the  quarantined  house  or  convey- 
ance; fourth:  provision  for  conveying  the  necessaries  of 
life,  under  proper  restrictions  to  be  formulated  by  the 
Health  Officer,  to  those  in  quarantine. 

(b)  Upon  notice  to  him  of  the'  existence  of  diphtheria, 
measles,  scarlet  fever,  infantile  paralysis  and  epidemic  cere- 
brospinal meningitis  he  shall  declare  and  establish  a modi- 
fied quarantine;  provided,  however,  that  where,  in  his  judg- 


City  of  Phoenix 


29 


ment,  the  health  of  the  community  will  be  endangered  by 
permitting  the  liberties  of  modified  quarantine  he  may,  at 
his  discretion,  establish  absolute  quarantine.  The  term 
modified  quarantine  as  herein  used  shall  mean  and  include, 
first:  Prohibition  of  entrance  and  exit  as  an  absolute  quar- 

antine, except  against  certain  members  of  the  family  author- 
ized by  the  health  authorities  to  pass  in  and  out  under  defi- 
nite restrictions  to  be  formulated  by  the  Board  of  Health  or 
the  Health  Officers;  second:  The  placing  of  placards  as  in 

absolute  quarantine;  third:  Isolation  of  patient  and  attend- 

ants. The  wage  earner  of  head  of  the  family  shall  be  al- 
lowed to  continue  his  vocation  provided  he  at  no  time  comes 
in  contact  with  the  patient  and  that  he  has,  and  uses,  facili- 
ties for  thoroughly  cleansing  his  hands  immediately  before 
leaving  the  premises.  No  such  person,  however,  shall  be  em- 
ployed in  an  establishment  maintaining  the  production,  sale 
or  manufacture  of  candy  or  food  products,  including  milk 
and  ice  cream;  nor  shall  such  person  be  employed  as  a 
teacher  of  children  or  in  any  other  capacity  that  might 
bring  him  into  intimate  contact  with  children. 

(c)  Chicken  pox,  German  measles,  mumps,  whooping 
cough,  typhoid  fever  and  leprosy  shall  be'  .placarded  and 
dated.  Houses  from  which  cases  of  variola  or  varioloid  are 
reported  shall  be  placarded  and  treated  as  small  pox,  and 
houses  from  which  cases  of  membranous  croup  or  diphtheric 
croup  are  reported  shall  be  placarded  and  treated  as  diph- 
theria. 

(d)  All  diseases  named  in  this  section  shall  be  subject 
to  such  special  instruction  as  may  be  issued  by  the'  Secretary 
of  the  State  Board  of  Health  or  the  Board  of  Health  of  the 
City  and  the  placards  used  shall  conform  to  those  herein- 
after described  and  numbered  as  Forms  1,  2,  and  3. 

FORM  1. 

Form  One  shall  not  be  less  than  six  inches  wide  and 
nine  and  one-half  inches  long  and  shall  bear  the  name  of  the 
disease  in  letters  not  less  than  one  inch  high.  The  wording 
shall  be  as  follows: 

Until  this  placard  is  legally  removed,  all  persons  not  oc- 
cupants of  these  premises  are  forbidden  to  enter.  No  per- 
son may  leave  this  house  or  remove  any  article  therefrom 
except  by  permission  of  the  City  Health  Officer. 

It  shall  bear  the  name  of  the  City  Health  Officer  and 
shall  be’  used  in  all  cases  of  small  pox,  scarlet  fever,  measles, 
diphtheria,  Asiatic  cholera,  bubonic  plague,  typhus  fever, 
yellow  fever,  infantile  paralysis  and  epidemic  cerebrospinal 
meningitis. 


30 


City  Ordinances 


FORM  2. 

Form  2 shall  be  of  the  same  size  and  bear  the  name  of 
the  disease  in  letters  of  the  same  height  as  in  Form  1.  It 
shall  be  worded  as  follows: 

All  persons  are  notified  of  the  presence  of  this  disease 
and  on  account  of  its  contagious  character  are  warned 
against  visiting  or  coming  in  contact  with  those  sick  with  it. 

It  shall  bear  the  name  of  the  City  Health  Officer  and 
shall  be  used  in  cases  of  chicken  pox,  German  measles, 
mumps  and  whooping  cough. 

FORM  3. 

Form  3 shall  be  not  less  than  five  inches  wide  and 
eight  inches  long  and  shall  bear  the  name  of  the  disease  in 
letters  not  less  than  three-fourths  of  an  inch  high.  It  shall 
be  worded  as  follows: 

All  persons  are  notified  of  the  presence  of  this  disease 
and  are  warned  of  the  danger  of  coming  in  contact  with  the 
infection. 

It  shall  bear  the  name  of  the  City  Health  Officer  and 
shall  be  used  in  cases  of  typhoid  fever  and  leprosy. 

(e)  No  case  of  any  contagious  disease  shall  be  released 
from  the  quarantine  to  which  it  is  subject  prior  to  com- 
plete recovery,  and  in  case  of  scarlet  fever  a minimum 
period  of  quarantine  of  thirty  days  shall  be  observed;  and  in 
diphtheria  a minimum  period  of  fourteen  days  from  the  dis- 
appearance of  the  membrane. 

(f)  Persons  permitted  access  to  and  exit  from  house- 
holds under  modified  quarantine  shall  abstain  from  attend- 
ing places  of  amusement,  worship  or  education,  nor  shall 
they,  except  in  cases  of  necessity,  visit  other  private  houses. 

(7)  The  head  of  a family  occupying  any  house,  apart- 
ment or  premises,  or  the  proprietor  of  any  hotel,  boarding 
house,  lodging  or  tenement  house  upon  or  near  which  any 
placard  or  placards  are  placed,  shall  not  remove,  deface, 
cover  up  or  destroy  such  placard  or  placards,  nor  shall  any 
person,  not  authorized  so  to  do  by  the  proper  authorities, 
deface,  cover  up,  remove  or  destroy  such  placard  or  pla- 
cards, and  if,  through  accident,  atmospheric  conditions  or 
otherwise,  such  placard  or  placards  should  be  destroyed,  re- 
moved or  defaced,  the  h.ouseholder  or  proprietor,  as  the  case 
may  be,  shall  at  once  notify  the  City  Health  Officer  of  that 
fact. 

(8)  No  person  shall  let  or  hire  any  house,  or  room  in 
any  house,  in  which  a communicable  disease  required  to  be 
placarded  has  recently  existed  until  such  room  or  house,  and 
the  premises  connected  therewith,  have  been  cleaned  and 


City  of  Phoenix 


31 


disinfected  to  the  satisfaction  of  the  City  Health  Officer  of 
the  City  Board  of  Health. 

(9)  All  dogs,  cats  and  pet  animals  kept  about  the 
premises  infected  with  any  disease  requiring  absolute  or 
modified  quarantine  shall  be  rigidly  excluded  from  the 
house  until  after  the  raising  of  the  quarantine,  or  shall  be 
destroyed  should  the  City  Health  Officer  or  Board  of  Health 
deem  it  necessary. 

(10)  Upon  removal  to  a hospital  or  other  place,  or 
upon  the  discharge  by  recovery  or  death  of  any  person  or 
persons  from  any  of  the  diseases  named  in  this  section,  the 
premises  where  such  disease  existed,  together  with  the  bed- 
ding, clothing  and  other  articles  exposed  to  infection,  shall 
be  disinfected  by  cleansing  or  cleaning  and  fumigation,  to 
the  satisfaction  of  the  City  Health  Officer  or  Board  of 
Health. 

(11)  Upon  the  death  of  any  person  within  the  City, 
the  attending  physician  or  other  person  in  charge  at  the 
time  of  death,  shall  immediately  report  such  death  to  the 
Board  of  Health,  together  with  the  cause  of  death,  particu- 
larly stating  the  same.  Such  report  shall  be  in  writing,  and 
known  as  a death  certificate. 

(12)  Any  person  who  shall  fail,  neglect  or  refuse  to 
perform  any  duty  or  obligation  imposed  by  the  provisions 
of  this  section,  or  who  shall  violate  any  of  the  provisions 
thereof,  shall  be  guilty  of  a misdemeanor  and  upon  convic- 
tion thereof  shall  be  fined  in  a sum  not  to  exceed  three 
hundred  dollars  or  by  imprisonment  in  the  City  Jail  for  a 
period  not  to  exceed  six  months  or  by  both  such  fine  and 
imprisonment. 

Sec.  60.  (a)  It  shall  be  unlawful  for  any  person,  as- 

sociation, firm  or  corporation  to  handle,  expose  for  sale',  sell 
or  keep  for  sale  any  meats,  poultry,  game,  fish,  sea  foods, 
vegetables,  fruits,  bread  or  other  baker’s  products,  or  any 
other  article  or  thing  intended  for  food,  within  the1  limits 
of  the  City  of  Phoenix  except  as  hereinafter  provided. 

(b)  Raw  or  uncooked  meat,  poultry,  game,  fish,  sea 
food,  vegetables,  bread  and  baker’s  products  or  any  other 
article  or  thing  intended  for  human  food  shall  not  be  kept, 
exposed  or  offered  for  sale  in  or  near  any  open  window  or 
doorway,  outside  of  any  building  or  in  any  street  or  private 
way  or  public  place  in  the  City  of  Phoenix,  unless  so  cov- 
ered or  screened  as  to  be  protected  from  dirt,  flies  and  in- 
sects and  contact  with  animals;  and  no  such  articles  or 
thing  intended  to  be  sold  for  or  used  as  human  food,  in- 
cluding melons,  shall  be  exposed  or  displayed  in  front  of 
any  place  of  business  unless  the  box,  stand  or  receptacle  is 


32 


City  Ordinances 


raised  at  least  two  feet  above  the  sidewalk,  floor,  platform 
or  landing  on  which  such  box,  stand  or  receptacle  rests.  No 
such  article  or  thing  shall  be  carried  through  any  street, 
private  way  or  public  place  in  said  City,  unless  properly 
protected  or  screened  from  dirt,  flies  and  other  insects.  Pro- 
vided that  melons,  pumpkins,  turnips,  squash,  green  corn, 
peppers,  green  peas,  dry  onions,  potatoes,  cabbages,  cucum- 
bers, carrots,  parsnips,  and  other  such  vegetables  as  from 
their  nature  must  be  peeled  or  cooked  before  consumption, 
may  be  kept,  displayed  and  carried  without  cover  or  screen. 
Berries,  grapes  and  other  fruit  kept  in  any  building  or 
store,  shall  be'  screened  and  covered  to  protect  them  from 
dirt,  flies  and  other  insects. 

(c)  Every  person  being  an  occupant  or  owner,  lessee 
or  otherwise,  of  any  room,  stall,  building,  wagon  or  place 
in  the  City  where  meat,  poultry,  game,  fish,  sea  food,  butter, 
vegetables,  fruit,  confectionery,  baker's  products,  or  other 
articles  or  thing  intended  for  human  food,  shall  be  kept  or 
offered  for  sale,  shall  maintain  such  room,  stall,  building, 
wagon  or  other  place,  and  its  appurtenances,  in  a clean 
and  sanitary  condition,  properly  screened  and  protected  from 
dirt,  flies,  insects  and  animals.  No  dry  sweeping  of  floors 
where  any  of  these  articles  or  things  are  kept  shall  be  al- 
lowed, but  such  floors  must  be  properly  sprinkled  before 
sweeping  so  as  to  prevent  the  raising  and  scattering  of 
dust. 

(d)  It  shall  be  unlawful  for  any  person,  firm,  associa- 
tion or  corporation  to  sell,  offer  or  expose'  for  sale,  or  have 
in  his  possession  for  the  purpose  of  sale  for  human  food, 
any  diseased,  tainted,  corrupted  or  adulterated  or  unwhole- 
some meats,  poultry,  fish,  sea  food,  butter,  cheese,  lard, 
fruit,  vegetables,  milk  or  any  other  article  or  thing  used  for 
human  food. 

(e)  All  meats,  poultry,  fish,  sea  food,  butter,  cheese, 
lard,  fruits,  vegetables,  milk  or  other  thing  or  article,  sold, 
offered  or  exposed  for  sale,  or  kept,  maintained  or  stored 
for  sale,  or  given  away  within  the  City  of  Phoenix  by  any 
person,  firm,  association  or  corporation,  shall  be  subject  to 
inspection  at  all  times  by  the  City  Health  Officer  and  any 
of  his  deputies  and  any  officer  assigned  to  that  duty  by 
the  Commission  or  Board  of  Health  of  the  City;  and  said 
City  Health  Officer  and  his  deputies  and  such  other  officers 
are  hereby  authorized  and  empowered  to  enter  any  place  or 
places  where  such  articles  or  things  are  sold,  offered  or  ex- 
posed for  sale,  given  away,  kept  or  stored  for  sale,  for  the 
purpose  of  inspecting  such  meats,  fruits,  vegetables  and 
other  articles  or  things  and  said  officer  or  officers  are 


City  of  Phoenix 


33 


hereby  authorized  and  empowered  to  arrest  any  person  sell- 
ing, exposing  or  offering  for  sale,  or  keeping  or  storing  for 
sale,  any  tainted,  diseased,  corrupted,  adulterated  or  un- 
wholesome articles  or  things  commonly  used  for  human  food 
as  in  this  section  mentioned,  referred  to  or  enumerated. 

(f)  Whenever  any  meat,  fruit,  vegetables  or  other 
article  or  thing  in  this  section  named,  referred  to  or  enu- 
merated, kept,  sold,  displayed,  stored  or  offered  for  sale, 
shall,  upon  inspection  and  examination  by  the  City  Health 
Officer,  any  of  his  deputies  or  other  officer  or  officers  as- 
signed to  that  duty  by  the  Commission  or  Board  of  Health 
of  the  City  of  Phoenix,  be  found  to  be  decayed,  diseased, 
tainted,  corrupted,  adulterated,  unwholesome  or  unfit  for 
human  food,  said  officer  shall  condemn  such  article  or 
thing  and'  place  thereon  a placard  stating  that  the  same  is 
unfit  for  human  food  and  may  otherwise  identify  the  same, 
and  the  proprietor  of  such  place  of  business  or  of  any  vehicle 
used  for  the  transportation,  storage  or  sale  of  such  articles 
and  things,  wherein  such  articles  or  things  are  contained, 
shall  thereupon  remove  and  destroy  the  condemned  article  or 
thing  and  any  such  person  or  persons  failing,  neglecting  or 
refusing  to  remove  and  destroy  such  condemned  articles  and 
things  shall  be  guilty  of  a misdemeanor. 

(g)  It  shall  be  unlawful  for  any  person  to  hinder  or 
obstruct  the  City  Health  Officer,  his  deputies  or  any  other 
officer  authorized  to  inspect  foods,  in  the  performance  of 
the  duties  or  in  the  exercise  of  any  of  the  powers  herein 
prescribed;  and  it  shall  be  unlawful  for  any  person  to  re- 
fuse admission,  access  or  inspection  to  such  officer  or  of- 
ficers to  any  house,  room,  place,  wagon,  cart  or  other  vehicle 
occupied  or  in  the  possession,  or  under  the  control  of  such 
person,  in  or  from  which  meats,  fruits,  vegetables,  baker’s 
products  or  other  articles  or  things  used  for  human  food  are 
sold,  offered  or  exposed  for  sale  or  kept  or  stored  for  sale. 

(h)  Whenever  any  person  procures  a license  to  hawk 
or  peddle  any  of  the  articles  of  food  in  this  section  men- 
tioned, it  shall  be  the  duty  of  the  City  Assessor  and  Tax 
Collector  to  designate  the  number  for  the  wagon  or  vehicle 
to  be  used  by  such  person,  and  such  person  shall  attach  such 
number  and  his  name  to  such  wagon,  or  vehicle,  in  plain 
letters  in  a conspicuous  plate  so  that  the  same  may  be 
easily  seen,  and  the  said  City  Assessor  and  Tax  Collector 
shall  keep  a register  of  such  name  or  names  and  number  on 
file  in  his  office  and  open  for  public  inspection. 

Any  person  who  operates,  uses  or  controls  any  market 
wagon  or  other  vehicle  from  which  any  meats,  poultry,  fish, 
butter,  cheese,  lard,  fruit,  vegetables,  milk  or  other  pro- 


34 


City  Ordinances 


visions,  articles  or  things  used  for  human  food,  are  sold,  dis- 
played or  offered  for  sale,  without  a card  attached  thereto, 
showing  the  number  of  his  vehicle  or  wagon  and  the  name 
of  the  owner  or  person  using  or  operating  the  same  shall  be 
guilty  of  a misdemeanor. 

(i)  It  shall  be  unlawful  for  any  person,  firm,  associa- 
tion or  corporation,  or  other  agents,  servants  or  employes,  to 
sell,  exchange  or  deliver,  or  to  have  in  possession  or  custody 
for  sale,  exchange,  or  delivery  within  the  City  of  Phoenix, 
any  milk  of  which  the  specific  gravity  is  less  than  1.03  at 
60  degrees  Fahr.,  in  which  the  amount  of  solids  is  less  than 
12  per  cent  thereof;  the  amount  of  butter  fat  is  less  than 
3 2/5  per  cent  thereof;  the  amount  of  cream  by  volume  is 
less  than  9 per  cent  thereof;  or  in  which  the'  amount  of 
water  is  more  than  88  per  cent  thereof. 

(j)  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  section  or  who  shall  fail,  neglect  or  refuse 
to  perform  any  duty  or  obligation  imposed  upon  him  by  or 
under  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a misdemeanor. 

Sec.  61.  (1)  On  and  after  September  1,  1915,  any 

milk  and  cream  held,  kept  or  offered  for  sale'  or  sold  and 
delivered  in  the  City  of  Phoenix,  shall  be  so  held,  kept,  of- 
fered for  sale  or  sold  and  delivered  under  either  or  any  of 
the  following  grades  or  designations,  and  all  such  milk  and 
cream  shall  conform  to  the  definitions  given  in  this  Ordi- 
nance, for  such  grade  or  designation,  and  under  no  other, 


namely : 

(a) 

Grade  A: 

(b) 

(1)  Guaranteed  milk. 

(2)  Inspected  milk  (raw). 

(3)  Pasteurized  milk. 
Grade  B: 

(c) 

(1)  Selected  milk  (raw). 

(2)  Pasteurized  milk. 

Grade  C.  (For  the  manufacture  of  ice  cream 

(d) 

only). 

Grade  D.  (For  cooking  and  manufacturing 

(e) 

purposes  only). 

Buttermilk  or  artificial  buttermilk. 

(f) 

Skimmed  milk.  • 

(g) 

Modified  milk. 

(h) 

Adjusted  milk. 

(i) 

Substandard  milk  or  cream. 

(j) 

Heated’  milk  or  cream. 

(2) 

No 

milk  or  cream  shall  be  held,  kept,  offered  for 

sale  or 

sold 

and  delivered  in  the  City  of  Phoenix  under 

City  of  Phoenix 


35 


either  or  any  of  the  designations  known  as  Grade  A,  B,  C 
or  D,  or  any  of  the  subdivisions  thereof,  or  any  of  the 
designations  “Buttermilk,”  “Skimmed  Milk,”  “Modified 
Milk,”  “Adjusted  Milk,”  “Substandard  Milk  or  Cream”  or 
“Heated  Milk  or  Cream,”  without  a permit  in  writing 
therefor  from  the  Health  Department,  subject  to  the  condi- 
tions thereof. 

Such  permit  shall  specify  the  grade  and  subdivision 
thereof  and  the  special  designation  of  milk  which  the  holder 
of  the  permit  shall  thereby  be  authorized  to  keep  for  sale  or 
offer  for  sale  as  aforesaid. 

None  of  the  provisions  hereof,  however,  shall  apply  to 
condensed  milk,  when  contained  in  hermetically  sealed  cans. 

3.  (a)  GRADE  A.  GUARANTEED  MILK  AND 

CREAM.  DEFINITION.  Grade  A guaranteed  milk  or 
cream  shall  be  milk  or  cream  produced  at  farms  holding 
permits  therefor  from  the  City  Health  Department,  and 
produced  and  handled  in  accordance  with  the  following 
minimum  requirements: 

(1)  Only  such  cows  shall  be  admitted  to  the  herd  as 
shall  have  immediately  theretofore  been  subjected  to  a 
diagnostic  injection  of  tuberculin  and  have  not  reacted. 

(2)  All  such  cows  shall  be  tested  annually  with  tu- 
berculin and  all  reacting  animals  shall  be  excluded  from 
the  herd. 

(3)  Such  milk  shall  not  contain  more  than  10,000 
bacteria  per  cubic  centimeter  and  such  cream  not  more  than 
50,000  bacteria  per  cubic  centimeter  when  delivered  to  the 
consumer  or  at  any  time  prior  to  such  delivery. 

(4)  Such  milk  or  cream  shall  be  delivered  to  the  con- 
sumer in  sealed  bottles  only,  which  said  bottles  shall  have 
been  sealed  at  the  dairy  or  creamery  with  a cap  or  crown 
completely  covering  the  lip  of  the  bottle,  and  shall  be 
labeled  with  the  day  of  the  week  upon  which  the  earliest 
milking,  of  which  the  contents  of  such  bottle'  may  be  a part, 
has  been  drawn. 

(5)  Such  milk  or  cream  shall  be  delivered  to  the  con- 
sumer within  twelve  hours  of  the  time  at  which  it  was 
drawn. 

(b)  GRADE  A.  INSPECTED  MILK  OR  CREAM 
(RAW).  DEFINITION.  Grade  A inspected  milk  or  cream 
(raw)  shall  be'  milk  or  cream  produced  at  farms  holding 
permits  therefor  from  the  City  Health  Department  and 
produced  and  handled  in  accordance  with  the  following 
minimum  requirements: 

(1)  Only  such  cows  shall  be  admitted  to  the  herd  as 


36 


City  Ordinances 


shall  have  immediately  theretofore  been  subjected  to  a 
diagnostic  injection  of  tuberculin  and  have  not  reacted. 

(2)  All  such  cows  shall  be  tested  annually  with  tu- 
berculin, and  all  reacting  animals  shall  be  excluded  from 
the  herd. 

(3)  From  the  Firgt  day  of  October  to  the  First  day  of 
May  in  each  year,  such  milk  shall  not  contain  more  than 

50.000  bacteria  per  cubic  centimeter  and  such  cream  not 
more  than  150,000  bacteria  per  cubic  centimeter,  and  from 
the  First  day  of  May  to  the  First  day  of  October  in  each 
year,  such  milk  shall  not  contain  more  than  100,000  bacteria 
per  cubic  centimeter  and  such  cream  not  more  than  300,000 
bacteria  per  cubic  centimeter  when  delivered  to  the  customer 
or  at  any  time  prior  thereto. 

(4)  Such  milk  or  cream  shall  be  delivered  to  the'  con- 
sumer only  in  bottles,  which  said  bottles  shall  have  been 
sealed  at  the  dairy  or  creamery  with  a cap  or  crown  com- 
pletely covering  the  upper  surface  of  the  lip  of  the  bottle. 

(c)  GRADE  A.  PASTEURIZED  MILK  OR  CREAM. 
DEFINITION.  Grade  A pasteurized  milk  or  cream  shall 
be  milk  or  cream  produced  at  farms  holding  permits  therefor 
from  the  City  Health  Department  and  produced  and  handled 
in  accordance  with  the  following  minimum  requirements: 

(1)  Only  such  cows  shall  be  admitted  to  the  herd  as 
shall  have  immediately  theretofore  been  subjected  to  a 
diagnostic  injection  of  tuberculin  and  have  not  reacted. 

(2)  All  milk  or  cream  of  this  grade  shall  be  pasteur- 
ized and  immediately  cooled  to  a temperature  not  to  exceed 
50  degrees  F.,  and  shall  be  kept  at  such  temperature  until 
delivered  to  the  consumer. 

Such  pasteurization  shall  be  carried  on  under  a permit 
issued  therefor  by  the  City  Health  Department,  in  addition 
to  the  permit  “pasteurized  milk  or  cream,  Grade  A.” 

(3)  Such  milk  shall  not  contain  more  than  30,000 
bacteria  per  cubic  centimeter  and  such  cream  not  more  than 

100.000  bacteria  per  cubic  centimeter  when  delivered  to  the 
consumer  or  at  any  time  after  pasteurization  and  prior  to 
such  delivery,  and  shall  not  show  bacilli  of  the  colon  group 
in  one  cubic  centimeter  as  determined  by  cultural  methods. 

(4)  Such  milk  and  cream  shall  be  delivered  to  the 
consumer  only  in  bottles,  which  said  bottles  shall  have  been 
sealed  at  the  dairy  or  creamery  with  a cap  or  crown  com- 
pletely covering  the  upper  surface  of  the  lip  of  the  bottle. 

(5)  Such  milk  or  cream  shall  be  delivered  to  the’  con- 
sumers in  the  City  of  Phoenix  within  twelve  hours  after  the 
completion  of  the  process  of  pasteurization. 

(6)  No  milk  or  cream  shall  be  pasteurized  more  than 


once. 


City  of  Phoenix 


37 


(7)  No  milk  containing  in  excess  of  100,000  bacteria 
per  cubic  centimeter  nor  cream  containing  more  than  300,000 
bacteria  per  cubic  centimeter  shall  be  pasteurized. 

(d)  The  caps  and  crowns  of  all  bottles  containing  milk 
or  cream  of  Grade  A shall  be  white,  and  shall  contain  the 
words  “Grade  A”  in  black  letters  in  large  type  together  with 
the  designation  “Guaranteed  Milk,”  “Guaranteed  Cream,” 
“Inspected  Milk  (Raw),”  “Inspected  Cream  (Raw),”  “Pas- 
teurized Milk”  or  “Pasteurized  Cream,”  as  the  quality  of 
the  contents  may  require.  Such  labels  shall  also  bear  the 
date  and  morning  or  evening  thereof  of  milking,  and,  if 
pasteurized,  the  date  and  hour  when  pasteurization  was 
completed. 

(e)  No  herd  shall  be  considered  as  having  had  the 
tuberculin  test  applied  unless  such  test  shall  have  been  ap- 
plied by  a qualified  veterinarian,  according  to  the  directions 
laid  down  by  the  United  States  Bureau  of  Animal  Industry 
by  the  Intradermal  Method.  A written  report  of  all  such 
tests  shall  be  filed  with  the  application  for  a permit  as  here- 
inafter provided,  and'  a supplementary  written  report  shall 
be  made'  for  each  addition  to  the  herd  and  for  each  addi- 
tional test,  and  all  such  supplementary  reports  filed  with 
the  original  application  for  permit. 

4.  (a)  GRADE  B.  SELECTED  MILK  OR  CREAM 

(RAW).  DEFINITION.  Grade  B selected  milk  or  cream 
(raw)  shall  be  milk  or  cream  produced  at  farms  holding 
permits  therefor  from  the  City  Health  Department  and 
produced  and  handled  in  accordance  with  the  following 
minimum  requirements. 

(1)  Only  such  cows  shall  be  admitted  to  the  herd  as 
shall  have  immediately  theretofore  been  physically  examined 
by  a regularly  qualified  veterinarian  and  declared  by  him 
to  be  healthy  and  free  from  tuberculosis  insofar  as  a 
physical  examination  may  determine  that  fact.  All  such 
cows  shall  be  examined  annually  by  a qualified  veterinarian 
and  all  diseased  animals  shall  be  excluded  from  the  herd. 

(2)  From  the  First  day  of  October  to  the  First  day 
of  May  in  each  year,  such  milk  shall  not  contain  more  than 
150,000  bacteria  per  cubic  centimeter  and  such  cream  not 
more  than  500,000  bacteria  per  cubic  centimeter,  and  from 
the  First  day  of  May  to  the  First  day  of  October  in  each 
year,  such  milk  shall  not  contain  more  than  300,000  bacteria 
per  cubic  centimeter  and  such  cream  not  more  than  1,000,000 
bacteria  per  cubic  centimeter  when  delivered  to  the  con- 
sumer, or  at  any  time  prior  thereto. 

(b)  GRADE  B.  PASTEURIZED  MILK  OR  CREAM. 
DEFINITION.  Grade  B pasteurized  milk  or  cream  shall 


38 


City  Ordinances 


be  milk  or  cream  produced  under  a permit  issued  therefor 
by  the  City  Health  Department  and  produced  and  handled 
in  accordance  with  the  following  minimum  requirements,  and 
in  further  accordance  with  the  requirements  hereinbefore 
provided  for  and  relating  to  the  pasteurization  of  milk  and 
cream. 

(1)  All  herds  shall  be  examined  annually  by  a quali- 
fied veterinarian  and  all  diseased  animals  excluded  from  the 
herd. 

(2)  All  containers  in  which  such  grades  A or  B pas- 
teurized milk  or  cream  be  delivered  to  the  consumer  shall 
be  plainly  labeled  “Grade  A Pasteurized  or  Grade  B Pas- 
teurized” as  the  case  may  be.  Such  labels  shall  also  bear: 
The  day  of  the  week  and  the  hours  of  milking,  the  date  and 
hour  when  such  pasteurization  shall  have  been  completed, 
the  place  where  such  pasteurization  shall  have  been  per- 
formed, and  the  name  of  the  person,  firm  or  corporation 
performing  such  pasteurization. 

(3)  Such  milk  shall  not  contain  more  than  100,000 
bacteria  per  cubic  centimeter  and  the  cream  not  more  than 
300,000  bacteria  per  cubic  centimeter  when  delivered  to  the 
consumer  or  at  any  time  after  pasteurization  and  prior  to 
such  delivery,  and  shall  not  show  more  than  100  bacilli  of 
the  colon  group  in  one  cubic  centimeter  as  determined  by 
cultural  methods. 

(4)  Such  milk  or  cream  shall  be  delivered  to  con- 
sumers in  the  City  of  Phoenix  within  twenty-four  hours 
after  completion  of  the'  process  of  pasteurization  thereof. 

(5)  No  milk  or  cream  shall  be  pasteurized  more  than 

once. 

(6)  No  milk  containing  more  than  500,000  bacteria 
per  cubic  centimeter  and  no  cream  containing  more  than 
1,000,000  bacteria  per  cubic  centimeter  shall  be  pasteurized. 

(c)  Caps  or  crowns  of  bottles  containing  milk  or 
cream  of  Grade  B shall  be  white  and  marked  “Grade  B”  in 
black  letters  in  large  type,  together  with  the  words  of  the 
subdivision  to  which  the  quality  of  such  milk  or  cream  in 
such  bottles  conforms. 

The  necks  and  shoulders  of  all  cans  containing  milk  or 
cream  of  Grade  B shall  be  painted  bright  green,  and  a tag 
shall  be  affixed  to  each  can  with  the  words  “Grade  B”  in 
large  type,  together  with  the  words  of  the  subdivision  to 
which  the  quality  of  such  milk  or  cream  in  such  cans  con- 
forms. 

5.  (a)  GRADE  C.  PASTEURIZED  MILK  OR 

CREAM  FOR  THE  MANUFACTURE  OF  ICE  CREAM 
ONLY.  DEFINITION.  Grade  C pasteurized  milk  or  cream 


City  of  Phoenix 


39 


shall  be  milk  or  cream  produced  at  farms  holding  permits 
therefor  from  the  City  Health  Department  and  produced 
and  handled  in  accordance  with  the  requirements  of  Grade 
B Pasteurized  Milk  or  Cream  with  the  following  excep- 
tions : 

(1)  No  milk  containing  more  than  1,000,000  bacteria 
per  cubic  centimeter  and  no  cream  containing  more  than 
2,000,000  bacteria  per  cubic  centimeter  shall  be  pasteurized. 

(2)  Such  milk  or  cream  shall  be  sold  only  at  whole- 
sale and  only  at  restaurants,  hotels  and  ice  cream  manu- 
facturing plants  and  the  same  shall  not  be  sold  by  them 
except  in  the  form  of  ice  cream. 

(3)  Necks  and  shoulders  of  all  cans  containing  milk 
or  cream  of  Grade  C shall  be  painted  yellow  and  a tag  shall 
be  affixed  to  each  can  with  the  words  ‘‘Grade  C”  printed 
thereon  in  large  type. 

(b)  GRADE  D.  MILK  OR  CREAM  FOR  COOKING 
AND  MANUFACTURING  PURPOSES  ONLY.  DEFINI- 
TION. Grade  D milk  or  cream  shall  be  milk  or  cream  not 
conforming  to  the  requirements  of  any  of  the  subdivisions 
of  Grade  A,  Grade  B or  Grade  C,  and  may  be  sold  under 
the  following  conditions: 

(1)  Milk  or  cream  of  Grade  D shall  not  be  sold  at 
retail  from  stores,  hotels,  restaurants  or  manufacturing 
plants. 

(2)  Milk  or  cream  of  Grade  D may  be  sold  to  res- 
taurants, hotels  and  manufacturing  plants  only,  but  shall 
not  be  sold  by  them  except  in  the  form  of  manufactured 
products. 

(3)  Cans  containing  milk  or  cream  of  Grade  D shall 
be  painted  red  on  the  necks  and  shoulders,  and  each  such 
can  shall  be  provided  with  a tag  containing  the  words 
“Grade  D”  in  large  type,  and  shall  also  have  painted  on 
them  in  white  figures  not  less  than  two  and  one-half  inches 
high  the  number  of  the  permit  issued  to  the  dairy  from 
which  such  cans  come.  All  creameries  handling  milk  or 
cream  of  different  grades  shall  be  required  to  demonstrate 
to  the  City  Health  Officer  that  they  are  capable  of  keeping 
such  grades  separate,  and  shall  keep  records  thereof  satis- 
factory to  the  City  Health  Officer  concerning  the  amount 
of  milk  and  cream  and  of  each  grade  thereof  handled  each 
day. 

(4)  Nothing  in  this  Ordinance  shall  be  so  construed 
as  to  permit  the  use  of  milk  or  cream  of  Grade  D in  the 
manufacture  of  ice  cream  or  any  uncooked  product. 

6.  DEFINITION.  (a)  MILK.  Milk  shall  be  the 
fresh,  clean  lacteal  secretion  obtained  by  the  complete  milk- 


40 


City  Ordinances 


ing  of  one  or  more  healthy  cows,  properly  fed  and  kept,  ex- 
cluding such  secretion  obtained  during  the  period  of  fifteen 
dhys  next  before  calving  and  for  the  period  of  eight  days 
next  after  calving;  and  containing,  by  weight,  not  less  than 
3.25  per  cent  of  milk  fat,  and  a total  of  milk  solids  not  less 
than  12  per  cent. 

(b)  CREAM.  Cream  shall  be  that  portion  of  milk, 
rich  in  milk  fat,  that  rises  to  the  surface  on  milk  standing, 
or  that  may  be  separated  from  milk  by  centrifugal  force, 
and  the  same  shall  be  fresh  and  clean,  and  shall  contain,  by 
weight,  not  less  than  20  per  cent  of  milk  fat,  and  in  the 
non-fatty  portion  thereof  not  less  than  8.8  per  cent,  nor 
more  than  9.8  per  cent  of  milk  solids. 

(c)  PASTEURIZED  MILK  OR  CREAM.  Pasteurized 
milk  or  cream  shall  be  milk  or  cream  that  shall  have  been 
heated  to  a temperature  of  140  degrees  F.,  for  not  less  than 
20  minutes,  or  155  degrees  F.,  for  not  less  than  5 minutes, 
and  for  each  degree  of  temperature  over  140  degrees  F.,  the 
length  of  time  may  be  one  minute'  less  than  20,  provided 
that  no  such  milk  or  cream  shall  be  so  heated  for  less  than 
five  minutes.  Such  milk  or  cream  shall  be  cooled  immedi- 
ately thereafter  to  50  degrees  F.,  or  below,  and  except  as 
provided  for  Grade  A Pasteurized  Milk  and  Cream,  shall 
be  kept  at  or  below  that  temperature  until  started  on  final 
delivery  route. 

(d)  BUTTERMILK  OR  ARTIFICIAL  BUTTER- 
MILK. Buttermilk  shall  be  the  product  remaining  after 
butter  shall  have  been  removed  from  milk  or  cream  in  the 
process  of  churning  and  shall  contain,  by  weight,  not  less 
than  eight  per  cent  of  milk  solids.  Any  milk  product  simu- 
lating buttermilk  manufactured  by  any  process  other  than 
the  above,  shall  be*  known  and  labeled  as  artificial  butter- 
milk. 

(e)  SKIMMED  MILK.  Skimmed  milk  shall  be  milk 
from  which  all  or  a portion  of  the  milk  fat  shall  have  been 
removed,  and  which  shall  contain,  by  weight,  in  the  non- 
fatty portion  thereof,  not  less  than  8.8  per  cent  of  milk 
solids.  Such  skimmed  milk  may  be  handled  in  accordance 
with  the  following  minimum  requirements: 

(1)  All  cans  and  other  receptacles  containing  such 
skimmed  milk  shall  have  the  entire  outside  thereof  painted 
a bright  red  and  kept  so  painted  at  all  times  while  in  use 
for  such  purpose. 

(2)  Such  cans  and  other  receptacles  shall  also  have 
painted  on  the  outside  thereof,  not  less  than  six  inches  from 
the  top  of  such  cans  or  other  receptacles,  the  words 
“Skimmed  Milk”  in  plain  bright  yellow  letters  not  less  than 


City  of  Phoenix 


41 


three  inches  in  height  and'  one  inch  in  width  on  two  sides 
thereof. 

(3)  Provided,  however,  that  these  regulations  shall  not 
apply  to  such  skimmed  milk  sold  in  bottles.  In  such  cases 
the  words  “Skimmed  Milk”  shall  be1  printed,  stamped  or 
painted  clearly  and  legibly  on  the  caps  or  crowns  closing 
such  bottles. 

(f)  MODIFIED  MILK.  Modified  milk  shall  be  milk 
of  subdivision  1 or  2 of  the  classification  known  as  “Grade 
A,”  which  shall  have  been  changed  by  the  addition  of  water, 
lime  water,  sugar  of  milk,  or  other  substances  intended  to 
render  the  milk  suitable  for  infant  feeding.  All  modified 
milk  shall  be  pasteurized  after  bottling,  immediately  cooled 
to  at  least  50  degrees  F.,  and  kept  at  or  below  such  tem- 
perature until  delivered  to  the  consumer. 

(g)  ADJUSTED  MILK.  Adjusted  milk  shall  be  milk 
in  which  the  ratio  of  the  fats  to  the  solids  not  fat  shall 
have  been  changed  by  the  addition  thereto  or  subtraction 
therefrom  of  cream.  All  labels  upon  the  containers  of  ad- 
justed milk  shall  show  the  minimum  guaranteed  percentage 
of  fat  therein  and  the  handling  and  disposition  of  such  milk 
shall  comply  with  the  same  sanitary  and  chemical  require- 
ments as  for  milk  not  so  standardized  or  modified. 

(h)  SUBSTANDARD  MILK.  Substandard  milk  shall 
be  any  natural  milk  that  shall  contain  less  than  3.25  per 
cent,  but  more  than  2.5  per  cent  of  milk  fat,  and  sub- 
standard cream  shall  be  any  cream  that  shall  contain  less 
than  20  per  cent  of  milk  fat,  provided  both  such  milk  and 
cream  shall  comply  in  all  other  respects  with  the  require- 
ments set  forth  in  this  Ordinance,  and  may  be  handled  in 
accordance  with  the  following  minimum  requirements: 

(1)  The  percentage  of  fat  in  such  milk  or  cream  shall 
not  fall  below  a definite  percentage  and  such  definite  per- 
centage shall  be  stated  in  a conspicuous  manner  on  the 
container,  and  each  container  shall  be  conspicuously  marked 
“Substandard  Milk”  or  “Substandard  Cream.” 

(i)  HEATED  MILK  OR  CREAM.  All  milk  or  cream 
the  temperature  whereof  shall  have  been  artificially  raised, 
in  which  the  process  shall  not  conform  to  that  prescribed 
for  pasteurized  milk  or  cream,  as  defined  by  this  Ordinance, 
or  which  shall  have  been  subjected  to  the  process  known  as 
“pasteurization  by  the  flash  method,”  shall  be  known  and 
labeled  as  “heated  milk”  or  “heated  cream.”  Prior  to  heat- 
ing, such  milk  or  cream  shall  conform  to  the  requirements 
specified  for  milk  and  cream  of  Grade  B pasteurized,  prior 
to  pasteurization.  No  such  milk  or  cream  shall  be  held  or 
offered  for  sale  in  the  City  of  Phoenix  after  December  31, 


42 


City  Ordinances 


1915.  Provided,  however,  “homogenized”  cream  may  be  sold 
if  labeled  “homogenized  cream”  and  the  percentage  of  milk 
fat  guaranteed  be  stated  in  not  smaller  than  ten-point  type 
on  the  label  of  the  container  thereof. 

7.  PERMITS,  (a)  A permit  for  the  sale'  of  milk  or 
cream  of  any  grade  or  designation,  may  be  granted  only 
after  an  application  therefor  shall  have  been  made  in  writ- 
ing on  a blank  provided  for  such  purpose  by  the  City  Health 
Department,  and  to  such  application  only  as  shall  fully 
comply  with  the  provisions  of  this  ordinance.  Such  permit 
shall  designate  the  grade  or  special  kind  of  milk  or  cream 
to  be  sold  thereunder;  no  such  permit  shall  be  transferable 
either  as  to  the  person,  firm  or  corporation  to  whom  issued, 
or  as  to  the  location  of  the  farm,  dairy,  creamery,  store  or 
shop  covered  thereby.  All  permits  shall  expire  on  the  First 
day  of  January  of  each  year  and  shall  be  renewed  in  the 
manner  provided  for.  an  original  permit. 

(b)  Within  fifteen  days  before  the  first  day  of  Janu- 
ary of  each  year,  permits  may  be  renewed  by  the  City 
Health  Department  for  the  ensuing  year  to  any  applicant 
who  shall  fully  comply  with  the  provisions  of  this  Ordinance. 

(c)  Before  the  issuance  of  any  such  permit  to  any 
vender  or  shipper  of  milk  or  cream,  the  applicant  for  such 
permit  shall  make  application  therefor  upon  a printed  form, 
provided  by  the  City  Health  Department  for  that  purpose, 
on  which  shall  be  stated: 

(1)  The  name,  residence,  postoffice  address  and  loca- 
tion of  the  business  place  or  places  of  the  applicant,  and  if 
a corporation  the  name  of  the  manager. 

(2)  A statement  of  the  grade  of  milk  or  cream  or 
both  thereof  as  hereinbefore  defined  such  applicant  intends 
to  sell. 

(3)  If  the  applicant  proposes  to  buy  part  or  all  his 
milk  or  cream  supply,  the  names  and  addresses  of  all  per- 
sons from  whom  he  proposes  to  obtain  such  milk  or  cream, 
or  from  whom  he  proposes  buying  such  milk  and  cream 
during  the  period  covered  by  such  permit,  and  the  amount 
of  gallons,  approximately,  of  milk  and  cream  obtained  from 
each.  In  the  case  of  applicants  buying  or  selling  milks  or 
creams  of  different  grades,  a separate  application  and  per- 
mit shall  be  required  for  each  grade. 

(4)  The  number  of  cows  from  which  such  applicant 
proposes  to  obtain  milk  for  sale  or  other  disposition. 

(5)  The  approximate  average  daily  quantity  of  milk 
and  cream  proposed  to  be  sold. 

(6)  If  it  be  proposed  to  sell  any  milk  or  cream  at 
wholesale  the  name  of  consignee  or  consignees. 


City  of  Phoenix 


43 


(7)  The  source  of  all  water  supplies  to  be  used  for 
watering  cattle,  washing  utensils  or  otherwise  utilized  in 
producing  such  milk  and  cream. 

(8)  The  location  of  all  privies  and  cesspools  with  rela- 
tion to  (a)  the  well,  (b)  the  stable,  (c)  the  milk  house', 
(d)  other  premises  wherein  any  such  milk  or  cream  is  to 
be  handled  or  from  which  sold. 

(9)  Whether  or  not  unfenced  ditches  or  adobe  holes  to 
which  the  cows  from  which  any  such  milk  is  proposed  to  be 
obtained,  may  wade  in,  exist  on  the  farm. 

(10)  If  such  applicant  be  a shipper  of  milk  or  cream 
into  the  city,  he  shall,  in  addition  to  the  above,  state  the 
route  over  which  he  proposes  to  make  shipments. 

(11)  Such  other  information  as  the  City  Health  Of- 
ficer may  require. 

(12)  All  applications  for  permits  shall  be  made  and 
signed  by  the'  applicant  and  shall  constitute  an  agreement 
on  the  part  of  such  applicant  that  he  will  conform  to  the 
terms  of  this  Ordinance,  and  all  requirements  of  the  City 
Health  Officer  made  under  the  provisions  of  this  Ordinance. 

(d)  At  the  time  of  filing  application  for  permission  to 
produce',  sell  or  otherwise  dispose  of  milk  or  cream  other 
than  that  of  Grade  D,  the  applicant,  if  a producer,  shall  file 
a certificate  from  a qualified  veterinarian  that  the  herd 
from  which  such  milk  or  cream  be  produced  has  been  in- 
spected or  tuberculin  tested,  as  the  case  may  be,  however, 
that  applicants  for  permits  to  sell  or  produce  Grade  D milk 
or  cream  shall  produce  and  file  a properly  verified  certifi- 
cate that  there  are  no  animals  in  the  herd  which  have  re- 
acted to  the  tuberculin  test. 

(e)  The  Health  Department  shall  issue  no  permits  for 
the  sale  or  other  disposition  of  milk  or  cream,  other  than 
Grade  D milk  or  cream,  unless  the  City  Health  Officers  be 
satisfied,  after  inspection,  with  the  cleanly  and  sanitary 
condition  of  the  stables,  cows,  wagons,  store  or  place  of 
business  of  the  applicant  therefor,  and  of  all  the  utensils 
used  in  the  production  and'  handling  of  such  milk  and 
cream;  that  the  water  supply  for  use  in  the  dairy  is  pure 
and  wholesome;  that  no  adobe  holes  or  other  stagnant  water 
exists  in  a place  in  which  the  cows  may  wade;  and  that  all 
persons  engaged  in  the  care  and  handling  of  the  milk  are 
free  from  any  contagious  diseases,  that  said  persons  use  due 
cleanliness  in  their  work  and  that  all  other  provisions  of 
this  Ordinance  shall  be  complied  with.  Permits  may  be  is- 
sued for  milk  or  cream  of  Grade  D subject  to  future  in- 
spection. 

No  permits  for  pasteurizing  plants  shall  be  issued  until 


44 


City  Ordinances 


all  the  apparatus  connected  with  the  pasteurization  shall 
have  been  tested  and  the  processes  approved  by  the  City 
Health  Officer. 

(f)  The  City  Health  Department  shall  assign  a num- 
ber to  each  permit  issued  and  issue  to  the  permittee  a suf- 
ficient number  of  cards  bearing  this  number  in  plain  figures 
not  less  than  2^  inches  in  height,  which  card  shall  be  placed 
in  a conspicuous  place  on  all  vehicles  used  in  the  transporta- 
tion of  milk  or  cream  produced,  sold  or  otherwise  disposed  of 
by  the  holder  of  such  permit;  and  in  addition  thereto  each 
such  vehicle  shall  bear  a number  and  the  same'  placed 
thereon  by  the  permittee. 

(g)  The  City  Health  Department  shall  enter  in  a 
book,  or  card  index  system  provided  for  that  purpose,  the 
name  of  each  person  to  whom  a permit  shall  have  been  is- 
sued, stating  the  name,  place  of  residence  and  postoffice 
address  of  such  person,  and  the  date  of  the  issuance  of  such 
permit.  All  applicants  for  permits  shall  be  kept  and  filed 
by  the  City  Health  Department  as  a part  of  the  records. 

(8)  REVOCATION  OF  PERMITS.  If,  after  the  is- 
suance of  a permit  to  sell,  produce  or  handle  milk  or  cream, 
the  City  Health  Officer  shall  become  satisfied  that  any  pro- 
vision of  this  Ordinance  is  being  violated,  he  shall  at  once 
revoke  the  permit  issued  to  such  person  or  persons  so  vio- 
lating this  Ordinance,  and  no  new  permit  shall  be  issued 
until  all  unsanitary  conditions  have  been  rectified  and  all 
the  provisions  of  this  Ordinance  are  complied  with. 

Any  person  doing  business  under  a permit  from  the 
City  Health  Department  who  shall  change  the  location  of 
such  business,  or  change  the  source  of  supply  as  given  in 
the  application  for  the  permit,  or  make  or  know  of  any  ad- 
dition to  the  dairy  herd  from  which  his  product  is  being 
obtained,  without  notifying  the'  City  Health  Officer  and  the 
City  Health  Department  of  such  change,  shall  be  liable  to 
have  such  permit  revoked  without  notice. 

9.  MILK  TICKETS.  Any  permittee  under  this  Ordi- 
nance offering  milk  or  cream  for  sale',  using  tickets  as  rep- 
resentatives of  value,  shall  use  tickets  in  coupon  form  and 
such  tickets  shall  be  destroyed  after  once  using.  No  milk 
ticket  shall  be  collected  by  any  dairyman  from  any  person 
afflicted  with,  or  from  any  house  in  which  there  exists,  a 
contagious  or  infectious  disease. 

10.  MILKING  PLACE.  All  stables,  corrals  and  other 
places  where  milk  is  to  be  drawn  from  cows  shall  at  all 
times  be  thoroughly  cleaned  and  all  dust  allowed  to  settle 
before  milking  begins. 

11.  COWS.  Cows  shall  be  kept  clean;  manure,  mud, 


City  of  Phoenix 


45 


litter,  or  other  material  shall  not  be  allowed  to  become  caked 
or  dried  on  them.  They  shall  not  be'  allowed  to  stand  in  nor 
wade  through  filth  or  manure;  and  shall  be  cleaned  by 
currying  and  brushing  and  the  flanks  and  udders  cleaned 
with  a wet  or  damp  clean  cloth  immediately  before  each  and 
every  milking.  The  hair  on  the  flanks  and  about  the  udders 
shall  be  clipped  short. 

12.  FEED  AND  WATER.  Cows  shall  be  fed  on  clean 
feed  which  shall  be  neither  decayed,  moldy  nor  dusty.  On 
and  after  October  1,  1916,  pure  water,  free  from  contamina- 
tion, pumped  in  clean  tanks,  shall  be  provided  in  sufficient 
quantity  for  watering  the  cows,  cleaning  the  utensils,  and 
for  all  other  dairy  purposes. 

13.  MILKERS.  The  milkers  shall  be  persons  in  good 
health  and  shall  thoroughly  wash  their  hands  with  soap, 
warm  water  and  nail  brush  and  dry  them  on  clean  individual 
cloths,  or  paper  or  cloth  towels  immediately  prior  to  such 
milking.  Under  no  circumstances  shall  the  use  of  roller  or 
like  towels  be  permitted.  All  milking  shall  be  done  with  dry 
hands.  No  person  known  to  be  a typhoid,  diphtheria,  or 
other  contagious  or  infectious  disease  carrier  shall  be  con- 
sidered a person  in  good  health. 

14.  UTENSILS.  All  cans,  bottles,  and  other  utensils 
of  evory  sort  used  in  the  production,  storage,  sale  or  dis- 
tribution of  milk  or  cream  in  this  city  shall  be  cleaned  and 
ste;  ilzed  with  boiling  water  or  steam  before  they  are  again 
used  for  the  same  or  like  purpose,  and  all  cans,  measures, 
or  other  utensils  made  of  metal  shall  be  kept  free  from  dents 
and  rust,  and  there  shall  be  proper  appliances  used  for 
washing  all  utensils  used  in  the  production,  mixing,  storage, 
sale  or  distribution  of  milk  or  cream,  and  all  utensils  shall 
be  washed,  cleaned  and  sterilized  with  boiling  water  or 
steam  regularly  after  being  so  used.  The  filling  of  bottles 
except  at  the  dairy  or  creamery  shall  be  strictly  prohibited. 
If  any  name  or  initials  appear  upon  any  bottles  or  cans  used 
for  delivery  such  name  or  initials  shall  be  the  name  or  in- 
itials of  the  person,  firm  or  corporation  in  whose  service 
such  container  is  being  used,  and  no  other. 

15.  WATER.  The  water  used  in  washing  apparatus, 
utensils,  cows  and  hands  of  milkers  shall  be  from  a public 
water  supply,  or  from  a well  or  spring  approved  by  the 
City  Health  Officer. 

16.  WAGONS  OR  VEHICLES.  No  milk  or  cream 
shall  be  brought  into  or  carried  within  the  City  of  Phoenix 
for  the  purpose  of  sale  or  other  disposition  which  shall  have 
been  carried  upon  any  wagon  or  vehicle  which  shall  not  be 
clean  and  free  from  offensive  odors  or  upon  which  swill, 


46 


City  Ordinances 


Ordinance 


refuse,  garbage  or  decaying,  unwholesome  or  filthy  matter 
shall  have  been  carried.  If  any  name  appear  upon  such 
vehicle,  such  name  shall  be  the  name  of  the  dairy  or  owner 
in  whose  service  such  vehicle'  is  being  used.  Such  vehicles 
shall  also  bear  the  permit  number  as  elsewhere  provided. 

17.  PRIVY.  All  farms  shall  be  equipped  with  a sani- 
tary, fly  proof  privy  or  cesspool,  located  at  least  one  hun- 
dred feet  from  any  well  or  connected  with  a sanitary  sewer. 
If  a privy,  such  privy  shall  be  located'  at  least  one  hun- 
dred feet  from  any  milk  house  and  milking  corrals,  and  the 
construction  thereof  together  with  that  of  any  cesspool  shall 
be  subject  to  the  approval  of  the  City  Health  Officer,  and 
any  such  privy  or  cesspool  shall  be  removed  or  filled  up  and 
abated  on  the  order  of  the  City  Health  Officer. 

18.  STAGNANT  WATER.  No  stagnant  pool  or  adobe 
hole  in  which  the  cows  may  wade  shall  be  permitted  on  the 
dairy  farm. 

137  19.  MILK  HOUSE,  BOTTLING  AND  COOLING 

Immediately  after  milking,  all  milk  shall  be  removed  from 
the  stable  into  a milk  room,  thoroughly  screened  from  flies 
and  other  insects,  and  there  cooled  or  separated  if  either 
thereof  is  to  be1  done  upon  the  premises,  and  put  into  per- 
fectly clean  bottles  or  cans.  The  milk  house  or  milk  room 
shall  be  located  at  least  fifteen  feet  from  any  other  building 
and  at  all  times  shall  be  kept  in  a clean  and  sanitary  con- 
dition. Dairymen  and  other  milk  and  cream  dealers  and 
handlers  using  both  bottles  and  cans  in  handling  and  de- 
livering milk  and  cream  shall  not  under  any  circumstances 
fill  bottles  while  on  their  delivery  route. 

All  milk  intended  for  sale,  delivery  or  use  within  the 
limits  of  this  city  as  grade  “A”  milk  or  grade  “B”  milk, 
immediately  upon  being  drawn  from  the  cow,  and  all  cream 
intended  for  such  sale,  delivery  or  use  as  grade'  “A”  or 
grade  “B”  cream,  immediately  upon  its  separation  from  the 
milk  shall  be  cooled  to  a temperature  of  not  more  than  60 
degrees  Fahrenheit,  nor  below  the  freezing  point  and  there- 
after be  kept  at  such  temperature  continuously  until  de- 
livery to  the  consumer  (except  pasteurized  milk  or  cream 
during  the  process  of  pasteurizing  only)  and  the  actual  sale 
or  delivery  of  milk  or  cream  within  the  limits  of  this  city  as 
grade  “A”  milk  or  cream  or  grade  “B”  milk  or  cream  shall 
be  conclusive'  proof  that  such  milk  or  cream  was  so  intended 
for  such  sale,  delivery  or  use. 

20.  STORES  AND  SHOPS.  Milk  Or  cream  being 
kept  for  sale  in  any  shop,  restaurant,  market,  bakery,  or 
other  establishment  shall  be  stored  in  a covered  ice  box  or 
refrigerator.  No  vessel  containing  milk  or  cream  for  sale 


City  of  Phoenix 


47 


shall  be  allowed  to  stand  outside  of  such  ice  box  or  re- 
frigerator except  while  a sale  is  being  made.  Every  such 
ice  box  or  refrigerator  shall  be  properly  drained,  cleaned 
and  cared  for,  and  shall  be  kept  in  a thoroughly  sanitary 
condition  and  only  in  such  locations  as  shall  be  approved  by 
the  City  Health  Officer. 

Creameries,  milk  depots,  pasteurizing  plants,  or  other 
establishments  where  milk  or  cream  is  bottled,  pasteurized, 
heated  or  manufactured  into  a milk  product,  shall  be  pro- 
vided with  floors  of  water  tight  construction  so  laid  as  to 
allow  ready  drainage.  They  shall  be  properly  lighted  and 
ventilated;  the  equipment  shall  be  so  arranged  and  con- 
structed that  it  can  be  easily  and  efficiently  cleaned,  and 
such  establishment  shall  be  efficiently  screened  in  all  parts 
where  milk  or  cream  is  exposed  or  transferred  from  one  re- 
ceptacle to  another.  No  person  other  than  officers  or  em- 
ployes of  the  person,  firm  or  corporation  operating  such  es- 
tablishment, or  duly  authorized  officers  or  agents  of  the 
City  of  Phoenix,  the  County  of  Maricopa,  the  State  of 
Arizona,  or  the  United  States,  shall  enter  the  pasteurizing 
room  unless  accompanied  by  an  officer  of  the  firm  or  cor- 
poration operating  the  creamery  or  other  establishment  as 
the  case  may  be. 

21.  CONTAGIOUS  DISEASES.  Should  septic  sore 
throat,  scarlet  fever,  smallpox,  diphtheria,  typhoid  fever, 
tuberculosis,  or  infectious  disease  occur  in  the  family  of 
any  dairyman  or  milk  handler  or  vendor,  or  among  any 
of  his  employes  or  in  the  family  of  any  thereof,  or  in 
any  house  in  which  milk  is  kept  for  sale,  or  in  the  family 
or  among  the  employes  of  any  person  who  ships  milk  into 
the  city  for  sale,  such  dairyman,  vendor,  handler  or  ship- 
per of  milk  shall  immediately  notify  the  City  Health 
Officer  and  at  the  same  time  shall  immediately  suspen  ' 
the  sale,  handling  or  distribution  of  milk  until  authorized 
to  continue  the  same  by  the  City  Health  Officer.  The  City 
Health  Officer  shall  make  immediate  investigation  and 
permit  the  sale  of  such  milk  under  such  regulations  as  he 
shall  deem  proper. 

Should  any  dairyman,  handler,  vendor  or  shipper  of 
milk  fail  to  so  notify  the  City  Health  Officer  when  any 
such  disease  exists  in  his  or  her  family  or  any  of  his  or 
her  employes,  or  in  any  house  in  which  milk  is  kept  for 
sale,  or  who,  after  such  information  is  given  the  City 
Health  Officer,  shall  fail  to  obey  his  directions,  the  City 
Health  Offilcer  shall  seize  and  destroy  all  milk  and  cream 
sent  into  the  city  by  any  such  person  and  all  milk  and 
cream  of  which  such  milk  and  cream  may  form  a part, 


48 


City  Ordinances 


and  such  officer  shall,  when  acting  in  good  faith,  be  held 
harmless  in  damages  therefor  in  any  suit  or  demands 
made. 

In  delivering  milk  to  any  family  in  which  there  exists 
any  of  the  above  named  diseases  other  than  tuberculosis, 
the  dairyman  or  other  vendor  shall  not  enter,  nor  shall  he 
permit  any  of  his  milk  bottles  or  vessels  to  be  taken  into 
such  house,  but  he  shall  pour  such  milk  or  cream  as  such 
family  may  wish  into  vessels  furnished  by  such  family.  No 
bottle  or  other  container  previously  left  with  any  such 
family  in  which  any  such  disease  occurs  shall  be  removed 
therefrom  except  with  the  consent  of  the  City  Health 
Officer. 

22.  ADULTERATION  AND  MISBRANDING.  No 
milk  or  cream  which  shall  have  been  watered,  adulterated 
or  misbranded  shall  be  brought  into  the  City  of  Phoenix, 
or  held,  kept,  sold  or  offered  for  sale  at  any  place  in  said 
city  except  as  in  this  Ordinance  provided. 

The  term  “adulterated  milk  or  cream”  or  “misbranded 
milk  or  cream”  when  so  used  in  this  Ordinance  shall  mean: 

(1)  Milk  or  cream  which  shall  have  been  adulterated 
by  water  or  any  other  fluid,  or  into  which  there  has  been 
introduced  any  foreign  substance  whatever. 

(2)  Milk  or  cream  containing  an  appreciable  amount 
of  dirt,  foreign  matter  or  sediment. 

(3)  Milk  or  cream  drawn  from  cows  suffering  from 
sore  or  inflamed  udders  or  teats,  or  from  cows  otherwise 
diseased,  or  which  have  reacted  to  the  tuberculin  test. 

(4)  Milk  or  cream  which  shall  have  been  repas- 
teurized. 

(5)  Milk  or  cream  reacting  to  the  usual  or  ordinary 
test  or  tests  for  formalin,  salisylic  acid  or  boric  acid. 

(6)  Milk  or  cream  so  labeled  or  branded  as  to  deceive 
or  mislead  or  tend  to  deceive  or  mislead  the  purchaser,  or 
if  it  be  falsely  labeled  in  any  respect,  or  if  the  bottle  or 
other  receptacle,  or  its  label  or  tag,  shall  bear  any  state- 
ment, design  or  device,  regarding  the  contents  of  such 
bottle  or  other  receptacle,  which  statement,  design  or 
device  shall  be  false  or  misleading  in  any  particular. 

23.  DAIRY  SCORES.  The  City  Health  Officer  shall 
as  often  as  once  in  every  three  months  inspect  and  score 
or  cause  to  be  inspected  and  scored  all  dairies,  dairy 
farms,  creameries  and  other  places  where  milk  or  cream 
is  produced,  handled  or  sold,  and  to  which  permits  shall 
have  been  issued  for  the  production,  handling  or  sale  of 
milk  or  cream  other  than  Grade  D and  buttermilk.  He 
shall  also  once  in  every  three  months  cause  to  be  taken 


City  of  Phoenix 


49 


and  examined  chemically  and  bacteriologically  not  fewer 
than  three  samples  of  milks  and  creams  aforesaid,  and  at 
such  other  intervals  as  he  may  deem  fit.  He  shall  there- 
upon make  up  a score  for  each  of  such  dairies,  dairy 
farms,  creameries,  and  other  places,  which  scores  shall  be 
based  upon: 

(a)  The  inspection  score  card  for  the  dairy  or  dairy 
farm,  or  of  a creamery  or  other  place,  the  dairies  and 
dairy  farms  in  proportion  as  they  contribute  to  the  milk 
and  cream  supply  of  such  creamery  or  other  place,  and 
the  score  of  the  creamery  or  other  place  itself. 

(b)  The  chemical  analysis  of  the  milk  and  cream  for 
total  solids. 

(c)  The  bacterial  count  as  determined  by  an  average 
of  not  fewer  than  three  counts. 

The  percentage  of  -milk  fat  shall  be  determined  by 
the  Babcock  test.  The  percentage  of  solids  shall  be  cal- 
culated by  the  Richmond  side  rule  method. 

The  tests  for  the  bacterial  count  shall  be  made  in 
conformity  with  the  methods  of  the  American  Public 
Health  Association,  except  that  1 V2  per  cent  sugar  shall 
be  used  instead  of  1 per  cent  sugar. 

A copy  of  this  score  card  or  score  cards  to  be  used 
in  the  scoring  of  dairies,  dairy  farms,  creameries  and 
other  places,  shall  be  furnished  to  such  applicant  for  a 
permit  to  produce  or  sell  milk  or  cream  other  than  Grade 
D at  the  time  of  the  making  of  such  application.  The 
City  Health  Officer  shall  also  have  published  at  least  once 
in  the  official  newspaper  the  method  by  which  the  total 
score  for  dairies,  dairy  farms,  creameries  and  other  places 
is  reached.  Such  method  shall  not  be  changed  without 
likewise  publishing  in  a conspicuous  manner  any  changes 
in  such  method  or  methods  of  scoring.  All  scores  shall 
be  published  at  least  once  in  every  three  months.  All 
dairies,  dairy  farms,  creameries,  and  other  places  produc- 
ing, selling  or  handling  milk  or  cream  of  Grade  D and 
buttermilk  shall  be  inspected  at  least  once  annually  and  as 
much  oftener  as  may  be  necessary  to  see  that  same  con- 
forms to  the  provisions  of  this  Ordinance. 

24.  For  the  purpose  of  enabling  the  City  Health 
Officer  and  the  City  Health  Department  to  carry  out  and 
enforce  the  provisions  of  this  Ordinance,  the  City  Health 
Officer,  or  any  qualified  inspector  or  agent  of  the  Health 
Department  shall  at  all  times  have  free  access  to  all  barns, 
stables,  dairies,  creameries,  stores,  wagons,  and  all  other 
buildings  and  premises  in  which  cattle  are  kept  from  which 
any  part  of  the  milk  supply  of  the  City  of  Phoenix  be 


50 


City  Ordinances 


Ordinance  281 


obtained  or  in  which  milk  is  received,  kept,  bottled,  canned 
or  offered  for  sale,  for  the  purpose  of  inspecting  said 
premises,  cattle,  vehicles,  cans,  vessels,  measures,  and  other 
utensils  used  in  conducting  the  production,  handling,  sale 
or  delivery  of  milk  or  cream,  and  for  the  purpose  of  taking 
for  analysis  or  other  tests,  to  determine  the  quality 
thereof,  samples  of  milk  or  cream  kept  or  intended  for 
sale  or  other  disposition  in  the  City  of  Phoenix.  All  such 
persons  holding  permits  for  the  production,  handling  or 
sale  of  milk  or  cream  of  any  grade  or  designation,  shall, 
for  such  purpose,  allow  such  free  access  as  above  specified, 
and  shall  allow  samples  not  to  exceed  one  pint  of  milk 
or  one-half  pint  of  cream,  to  be  taken  by  the  City  Health 
Officer,  or  any  person  deputed  by  him,  at  any  time  upon 
demand. 

25.  Words  used  in  the  singular  shall  include  the 
plural  and  used  in  the  plural  shall  include  the  singular 
and  the  word  “person”  as  used  in  this  ordinance  shall 
include  firm  and  firms,  corporation  and  corporations, 
association  and  associations  and  the  provisions  hereof 
shall  include  and  embrace  agents,  servants  and  employes 
as  well  as  principals  and  employers.  The  word  “milk” 
unless  otherwise  specified  or  defined,  and  in  so  far  as 
applicable  to  Sections  7 to  22,  inclusive,  shall  be  held  and 
construed  to  mean  any  liquid  or  produce  included  and 
enumerated  in  Section  one  of  this  Ordinance. 

26.  Copies  of  this  section  shall  be  printed  and  a 
copy  of  same  delivered  with  each  permit  or  renewal  of 
same,  and  such  Copy  shall  be  posted  in  a conspicuous 
place  at  the  dairy,  dairy  farm,  creamery  or  other  place, 
of  the  person  holding  such  permit. 

27.  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a fine 
not  to  exceed  three  hundred  dollars  or  by  imprisonment 
in  the  City  Jail  for  a period  not  to  exceed  six  months  or 
by  both  such  fine  and  imprisonment,  and  in  addition  to 
such  fine  or  imprisonment,  or  both,  the  permit  of  the 
defendant  to  sell  and  deliver  milk  within  the  City  of 
Phoenix  may,  by  order  of  the  Court,  be  revoked. 

CHAPTER  IV. 

OFFENSES  AGAINST  THE  PUBLIC  SAFETY. 

Sec.  62.  It  shall  be  unlawful: 

(a)  To  personate  a policeman,  marshal,  constable  or 
officer  in  any  manner. 


City  of  Phoenix 


51 


(b)  To  allow  any  horse  or  other  animal  to  stand  on 
the  street  unless  securely  tied. 

(c)  To  ride  or  drive  any  animal  through  the  streets 
at  a rate  of  speed  exceeding  twelve  miles  an  hour. 

(d)  To  keep  or  maintain  bees  within  the  corporate 
limits  of  the  City  of  Phoenix. 

Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a misdemeanor. 

Sec.  63.  Every  person  obstructing  or  causing  to  be 
obstructed,  any  public  street,  alley  or  sidewalk,  either  by 
riding,  driving  or  leading  any  animal  or  horse  upon  any 
sidewalk,  or  permitting  horses  or  mules  to  stand  upon  any 
sidewalk,  or  running,  leaving  or  placing  any  cart,  buggy 
or  wagon  upon  the  same,  or  placing,  permitting  or  suf- 
fering any  article  to  remain  upon  any  street  or  alley  so 
as  to  render  such  sidewalk,  street  or  alley  unsafe  or  dan- 
gerous to  pass  over  or  upon,  or  by  making  any  fence, 
railing  or  other  obstruction  across  any  public  street,  alley 
or  sidewalk,  or  any  part  thereof,  or  maintaining  or  keeping 
any  fence,  post  or  other  obstruction  on  or  across  any  such 
public  street,  alley  or  sidewalk,  without  permission  of  the 
Commission  first  obtained,  shall  be  guilty  of  a misde- 
meanor. 

Sec.  64.  It  shall  be  unlawful  for  any  person  or  per- 
sons, association  of  persons  or  corporation  to  obstruct  or 
cause  to  be  obstructed  any  public  street  or  alley,  sidewalk 
or  park,  or  other  public  grounds  within  the  limits  of  the 
City  of  Phoenix  by  committing  any  act  of  or  doing  any- 
thing therein  or  thereupon  which  is  injurious  to  the  health, 
or  indecent  or  offensive  to  the  senses,  or  to  do  or  cause 
to  be  done  in  or  upon  any  such  streets,  alleys,  sidewalks, 
parks  or  other  public  grounds,  any  act  or  thing  which  is 
an  obstruction  or  interference  to  the  free  use  of  property, 
or  with  any  business  lawfully  conducted  by  anyone,  in  or 
upon,  or  facing  or  fronting  on  any  of  said  streets,  alleys, 
sidewalks,  parks,  or  other  public  grounds  in  the  City  of 
Phoenix. 

Any  person  violating  any  of  the  provisions  in  this 
.section  contained  shall  be  guilty  of  a misdemeanor. 

Sec.  65.  It  shall  be  unlawful  for  any  person,  either 
wilfully  and  maliciously  or  carelessly  and  negligently  to 
drop,  throw,  place  or  scatter  upon  any  street,  alley,  side- 
walk or  public  place  in  the  City  of  Phoenix  any  nails, 
tacks,  broken  glass,  glass  bottles,  or  any  instrument  or 
thing  whatever  of  such  nature  as  to  be  capable  of  injuring 
the  feet  of  horses  or  the  tires  of  vehicles. 

Any  person  so  dropping,  placing,  throwing  or  scatter- 


52 


City  Ordinances 


ing  any  such  article  shall  be  guilty  of  a misdemeanor, 
and,  upon  conviction  thereof,  shall  be  punished  by  a fine 
of  not  more  than  three  hundred  dollars  or  imprisonment 
in  the  City  Jail  for  a period  not  to  exceed  three  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  66.  It  shall  be  unlawful  for  any  person,  firm 
or  corporation  to  leave,  place  or  deposit,  or  cause,  permit 
or  suffer  to  be  left,  placed  or  deposited,  in  or  upon  any 
street,  alley,  curb,  gutter  or  sidewalk,  any  article  or  thing 
whatever  so  as  to  obstruct  or  otherwise  encumber  the 
same,  provided  that  this  section  shall  not  be  construed 
as  to  prevent  merchants  or  tradesmen,  while  receiving  or 
shipping  their  goods,  wares  or  merchandise,  from  occupy- 
ing, for  such  purpose,  one-third  of  the  sidewalk  imme- 
diately fronting  their  places  of  business  with  such  goods, 
wares  or  merchandise,  but  the  same  shall,  in  no  event, 
remain  longer  than  two  hours  upon  such  sidewalk.  And 
PROVIDING  further;  that  the  Commission  may,  at  its 
discretion,  grant  a special  permit  authorizing  the  use  of 
any  portion  of  any  street,  alley  or  sidewalk  for  a reason- 
able time  and  to  such  extent  as  it  may  deem  necessary  or 
expedient. 

Sec.  67.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  place  any  goods,  wares  or  merchandise  or 
other  personal  property  upon  any  portion  of  any  sidewalk 
in  the  City  of  Phoenix  for  the  purpose  of  sale,  exhibition 
or  display,  nor  shall  any  person,  for  the  purpose  of  exhibi- 
tion or  display,  place  any  goods,  wares  or  merchandise  or 
other  personal  property  in  such  manner  that  said  goods, 
ware  or  merchandise  or  other  personal  property  shall 
extend  over  or  occupy  any  of  the  space  above  over  or  upon 
any  public  sidewalk  in  the  City  of  Phoenix. 

Sec.  68.  Any  city  officer  or  employe,  contractor  or 
other  person  in  the  city  who  shall  make  any  excavation  or 
dig  any  hole,  drain  or  ditch  in  any  highway  or  thorough- 
fare without  providing  during  the  night  either  a sufficient 
light  or  a temporary  fence  or  suitable  obstruction  around 
in  front  of  the  same  shall  be  guilty  of  a misdemeanor. 

Sec.  69.  It  shall  be  unlawful  for  any  person  to  re- 
move, extinguish  or  destroy  any  lantern  that  has  been 
placed  upon  any  public  street  or  sidewalk  for  the  purpose 
of  warning  pedestrians  or  persons  traveling  in  vehicles 
at  night  that  such  street  or  sidewalk  has  been  closed  to 
public  use,  and  it  shall  be  unlawful  for  any  person  to 
remove,  destroy  or  otherwise  interfere  with  any  construc- 
tion placed  upon  any  public  street  or  sidewalk  in  the  City 
of  Phoenix  for  the  purpose  of  preventing  accident  or 


City  of  Phoenix 


53 


warning  pedestrians  or  other  persons  traveling  in  vehicles 
that  said  street  or  sidewalk  has  been  closed  to  travel. 

Sec.  70.  It  shall  be  unlawful  for  any  person,  firm 
or  corporation  to  erect  or  maintain  any  booth,  stand  or 
counter  on  any  sidewalk  in  the  City  of  Phoenix  for  the 
purpose  of  barter,  sale  or  trade,  or  keep  or  maintain  upon 
the  streets  or  alleys,  any  wagon,  cart,  wheel  vehicle, 
movable  booth  or  stand,  for  the  purpose  of  barter  or 
trade  except  by  the  permission  of  the  Commission  first 
obtained. 

Sec.  71.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  engaged  in  the  construction  of  any  building, 
or  other  public  or  private  improvement,  to  leave  any 
rock,  brick,  mortar,  lumber  or  any  building  material  of 
any  kind  whatsoever  on  any  street,  alley  or  sidewalk  for 
more  than  three  days  after  the  completion  of  such  im- 
provement. 

Sec.  72.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  drop,  place  or  leave  any  brick,  stone,  gravel, 
sand  or  building  material  of  any  kind  or  nature  what- 
soever upon  any  public  street,  alley  or  sidewalk  in  the 
City  of  Phoenix,  or  to  suffer  or  permit  any  person  in  his, 
their  or  its  employ  to  drop,  place  or  leave  any  brick, 
stone,  sand,  gravel  or  building  material  of  any  kind  what- 
soever upon  any  public  street,  alley  or  sidewalk,  without 
immediately  removing  the  same  except  upon  permission 
of  the  City  Commission  first  had  and  obtained. 

Sec.  73.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  drop,  place  or  leave  any  goods,  wares  or 
merchandise,  or  any  such  property  of  a movable  nature 
whatsoever,  upon  any  street,  alley  or  sidewalk  in  the 
City  of  Phoenix,  or  to  suffer  or  permit  any  person  in  his, 
their  or  its  employ  to  drop,  place  or  leave  any  goods, 
wares  or  merchandise,  or  any  such  property  of  a movable 
nature  whatsoever,  upon  any  such  public  street,  alley  or 
sidewalk,  without  immediately  removing  the  same. 

Sec.  74.  No  person,  firm  or  corporation  shall  flow, 
discharge  or  run,  from  his  or  its  premises,  factory,  printing 
office,  residence  or  place  of  business,  upon  any  street, 
alley  or  public  place  within  the  city,  any  water  or  waste 
water,  or  construct  or  maintain  any  channel,  ditch,  flume 
or  conduit,  by  means  of  which,  and  whereby,  said  water 
may  be  discharged  into  or  upon  any  street,  gutterway, 
sidewalk,  alley  or  public  place,  from  said  premises,  fac- 
tory, printing  office,  residence  or  place  of  business,  except 
by  permission  of  the  City  Commission  first  had  and 
obtained. 


54 


City  Ordinances 


Sec.  75.  No  person  shall  engage  in  the  business  of 
auctioneer  or  in  vending  any  article,  or  shall  conduct  any 
business  whatever,  or  hold  any  meeting,  or  do  any  act 
or  thing  whereby  a number  of  persons  shall  gather  upon 
any  of  the  sidewalks,  streets  or  alleys  of  the  City  of 
Phoenix  without  a special  permit  therefor  having  first 
been  given  by  the  Commission,  and  the  issuance  of  a 
license  to  such  person  shall  not  be  deemed  to  be  such 
permit. 

Sec.  76.  All  persons,  firms,  companies  and  corpora- 
tions are  prohibited  from  running  or  operating  through 
or  upon  the  streets  or  alleys  of  the  City  of  Phoenix,  any 
steam  locomotive  or  cars  propelled  by  steam  for  the  con- 
veyance of  passengers  or  freight,  or  for  any  other  pur- 
pose whatsoever.  Nor  shall  any  person,  firm,  company 
or  corporation  lay  any  track  upon  any  of  the  streets  or 
alleys  of  the  City  of  Phoenix  to  be  used  for  such  purposes, 
provided  that  this  section  shall  in  no  way  affect  the 
rights  of  the  various  railroad  companies  to  use  certain 
streets  and  alleys  of  the  city  under  franchises  or  permits 
lawfully  granted  or  issued  therefor. 

Ordinance  132  Sec.  77.  It  shall  be  unlawful  for  any  person  to  ride, 

drive,  run  or  propel  any  bicycle,  tricycle,  velocipede  or 
motorcycle  upon  any  sidewalk  of  the  City  of  Phoenix,  or 
for  any  person  to  drive  any  animal  or  animals,  or  any 
vehicle  or  vehicles  across  any  vacant  lot  within  the  City 
of  Phoenix,  or  on  or  across  any  sidewalk  of  said  City  of 
Phoenix. 

Any  person  violating  the  provisions  of  this  section 
shall  be  guilty  of  a misdemeanor  and  upon  conviction 
thereof  shall  be  fined  in  the  sum  of  not  more  than  $25.00, 
and  in  default  thereof  shall  be  confined  at  the  City  Jail 
at  the  rate  of  one  day  for  each  dollar  of  such  fine. 

Sec.  78.  (a)  It  shall  be  unlawful  for  any  person  to 
hitch,  fasten  or  tie  any  horse  or  other  animal  to  any  tree 
or  shrub  which  may  be  standing  or  growing  upon  any 
street,  sidewalk,  alley  or  public  place  in  the  City  of  Phoe- 
nix, or  to  hitch,  fasten  or  tie  any  horse  or  other  animal 
to  any  lamp  post,  awning  post,  porch  post,  public  hydrant, 
telegraph  pole,  telephone  pole  or  trolley  pole  on  any 
street,  sidewalk,  alley  or  public  place  in  the  City  of 
Phoenix. 

(b)  It  shall  be  unlawful  for  any  person  to  place, 
fasten,  leave  standing  or  tie  any  horse  or  other  animal  on 
any  sidewalk,  or  at  any  place  or  to  anything  in  such  man- 
ner that  said  horse  or  other  animal,  the  vehicle,  reins  or 
lines  shall  obstruct  or  interfere  with  the  free  use  of  any 


City  of  Phoenix 


55 


street  or  sidewalk,  alley  or  public  place  in  the  City  of 
Phoenix. 

(c)  It  shall  be  unlawful  for  any  person  to  graze,  or 
allow  to  graze,  feed  or  allow  to  feed,  or  to  run  at  large, 
any  horses  or  other  animals  in  or  upon  any  of  the  streets, 
sidewalks  and  alleys  of  the  City  of  Phoenix. 

(d)  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a misdemeanor  and  upon 
conviction  thereof  shall  be  subject  to  a fine  in  a sum  not 
more  than  twenty-five  dollars  or  to  imprisonment  in  the 
City  Jail  for  not  more  than  twenty-five  days  or  to  both 
such  fine  and  imprisonment. 

Sec.  79.  (a)  It  shall  be  unlawful  for  any  person  to 
throw  any  dirt,  gravel,  cement,  building  material  or  other 
substance  into  or  upon  any  gutter  in  the  City  of  Phoenix 
or  to  otherwise  obstruct  any  gutter.  Provided,  however, 
that  nothing  in  this  section  shall  relate  or  apply  to  con- 
tractors or  other  persons  engaged  in  the  paving  of  streets 
or  the  laying  of  gutters,  but  such  excepted  persons  shall 
clean  any  such  gutter  upon  completion  of  such  con- 
struction. 

(b)  Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  in  a sum  not  more 
than  fifty  dollars,  or  be  imprisoned  in  the  City  Jail  for  not 
more  than  fifty  days,  or  by  both  such  fine  and  impris- 
onment. 

Sec.  80.  The  usual  ringing  of  church  or  other  bells 
may  be  suspended  by  order  of  the  Mayor  or  Board  of 
Health  whenever  the  illness  of  any  person  living  in  the 
neighborhood  of  such  bell  or  bells  requires  such  suspen- 
sion, and  any  person  or  persons  having  the  supervision  of, 
or  ringing  of  such  bells  under  his  or  their  control  or  man- 
agement, refusing  to  obey  such  order,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  81.  (a)  It  shall  be  unlawful  for  any  person  to 

turn  in  a false  alarm  or  use  the  fire  alarm  boxes  for  the 
purpose  of  turning  in  an  alarm  unless  the  fire  for  which 
the  alarm  is  turned  in  is  within  the  limits  of  the  City  of 
Phoenix,  or  is  a fire  under  which  the  City  Fire  Depart- 
ment is  under  contract  or  obligation  to  attend. 

(b)  Any  person  violating  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a fine  of  not  more  than  fifty 
dollars,  or  by  imprisonment  in  the  City  Jail  for  not  more 
than  fifty  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  82  (a)  It  shall  be  unlawful  for  any  person  own- 


56 


City  Ordinances 


ing  or  having  charge  or  control  of  any  horses,  mules, 
asses,  meat  cattle,  sheep,  goats  or  swine  to  suffer  or 
permit  the  same  or  any  of  them  to  run  or  be  at  large 
within  the  City  of  Phoenix. 

(b)  The  Chief  of  Police  shall  impound  any  such 
animal  found  running  at  large  in  the  public  street  or 
upon  any  public  property  within  the  corporate  limits  of 
the  City  of  Phoenix. 

(c)  Any  such  person  who  shall  suffer  or  permit  any 
such  animal  or  animals  to  run  or  be  at  large,  or  who 
shall  take,  lead  or  drive  away  from  the  City  Pound  any 
such  animal  so  impounded  by  the  Chief  of  Police,  without 
permission  from  the  Chief  of  Police  so  to  do,  while  such 
animal  is  in  the  custody  of  the  Pounamaster,  shall  be 
guilty  of  a misdemeanor. 

Sec.  83.  (a)  The  Chief  of  Police  shall  keep  all 

animals  taken  up  by  him  impounded  for  a period  of  five 
days,  and  if  not  redeemed  before  the  expiration  of  that 
time,  he  shall  cause  the  animal  impounded  to  be  sold  at 
public  auction,  and  the  proceeds  thereof,  after  deducting 
the  expenses  of  impounding  and  sale,  shall  be  paid  to  the 
City  Treasurer,  to  be  by  him  held  in  trust  for  the  rightful 
owner. 

(b)  When  the  Chief  of  Police  shall  impound  any 
animal  or  animals  he  shall  immediately  publish  a notice  in 
not  less  than  two  issues  of  the  official  newspaper  of  the 
city  and  post  a notice  in  three  public  places  in  the  City  of 
Phoenix.  Such  notice  shall  be  published  and  posted  for  a 
period  of  at  least  five  days  before  sale  and  shall  contain 
a description  of  the  animal  or  animals  impounded  and  shall 
also  contain  the  date  and  place  of  sale  thereof: 

(c)  Any  animal  impounded  may  be  redeemed  at  any 

time  before  sale  upon  the  payment  of  the  following  fees 
and  charges:  For  any  horse,  mule,  cow,  steer,  jack, 

jenny,  or  burro,  two  dollars;  the  actual  cost  of  publication; 
also  fifty  cents  per  day  for  each  day  such  animal  is  im- 
pounded. For  any  goat,  sheep  or  hog,  one  dollar;  the 
actual  cost  of  publication;  also  twenty-five  cents  per  day 
for  each  day  such  animal  is  impounded. 

(d)  The  City  Treasurer  shall  keep  separate  and 
apart  from  the  City  Funds  the  money  paid  to  him  by  the 
Chief  of  Police  upon  the  sales  of  impounded  animals,  for 
a period  of  ninety  days;  during  that  time  any  person 
claiming  ownership  of  any  animal  sold  under  the  pro- 
vision of  this  section  may  make  due  proof  before  the  City 
Magistrate  as  to  his  ownership,  and  if  the  City  Magistrate 
deem  the  proof  sufficient  to  establish  the  ownership  of 


City  of  Phoenix 


57 


such  animal  in  the  claimant  he  shall  in  writing  order  the 
City  Treasurer  to  pay  to  such  claimant  the  money  in  his 
hands  arising  from  the  sale  of  such  animal,  and  the  City 
Treasurer  shall  forthwith  pay  the  same  to  such  claimant. 

Sec.  84.  (a)  It  shall  be  unlawful  for  any  person  to  Ordinance  184 

stand  or  serve  any  jack  or  stallion  to  any  mare  within  the 
City  of  Phoenix  unless  the  place  of  such  service  is  sur- 
rounded by  a wall  of  sufficient  height  and  construction 
to  effectually  screen  the  enclosure  made  thereby  from 
view  of  passers-by  or  residents  or  occupants  within  the 
immediate  neighborhood. 

(b)  No  person  shall  engage  in  the  business  of 
serving  stallions  within  the  City  of  Phoenix  without  per- 
mission first  had  and  obtained  from  the  City  Manager, 
who  shall  first  examine  the  premises  in  which  such  busi- 
ness is  to  be  conducted,  and  he  shall  in  no  case  grant  any 
permit  unless  the  provisions  of  this  Ordinance  are  fully 
complied  with. 

Sec.  85  (a)  It  shall  be  unlawful  for  any  dog  to  run 
at  large  in  any  of  the  streets,  alleys,  plazas  or  public 
grounds  of  the  City  of  Phoenix  unless  tagged  and  muzzled 
as  hereinafter  provided. 

(b)  Every  person  desiring  to  obtain  a dog  tag  for  a 
dog  running  at  large  in  the  City  of  Phoenix  shall  pay  to 
the  City  Collector,  at  his  office,  the  sum  of  two  dollars 
for  each  male  dog  and  the  sum  of  four  dollars  for  each 
female  dog  desired  to  be  tagged  and  procure  from  him 
a dog  tag  as  hereinafter  provided  for;  it  shall  be  the 
duty  of  the  City  Collector  to  furnish  every  person  paying 
such  sum  a receipt  for  each  and  every  payment  so  made 
and  register  the  name  of  the  person,  the  amount  paid  and 
the  number  or  numbers  of  such  receipts  in  a book  to  be 
kept  by  him  in  his  office  for  such  purpose. 

(c)  The  City  Collector  shall  procure  and  keep  in  his 
office  such  number  of  metal  tags  as  may  be  necessary, 
and  of  such  size  and  shape  as  he  shall  deem  expedient, 
having  stamped  thereon  the  words  “Phoenix  Dog  Tax” 

(the  shape  of  such  tags  to  be  changed  each  year),  and  as 
well  a set  of  number  dies  for  stamping  and  marking  such 
tags,  and  upon  payment  to  him  by  any  person  of  the 
proper  sum  as  herein  provided  shall  issue  to  each  person 
for  each  sum  so  paid  one  of  said  tags,  after  having 
stamped  thereon  the  number  of  the  same,  numbering 
such  tags  consecutively  in  the  order  of  said  payments, 
beginning  with  the  number  “one.” 

(d)  Every  such  dog  running  at  large  in  any  of  the 
streets,  alleys,  plazas  or  public  grounds  of  the  City  of 


58 


City  Ordinances 


Phoenix  shall  have  a collar  around  his  neck  with  the 
metal  tag  aforesaid  securely  fastened  thereto,  and  in 
such  manner  as  to  permit  of  ready  examination. 

(e)  It  shall  be  unlawful  for  any  dog  of  known  cross 
or  vicious  habits  to  run  at  large  in  any  of  the  streets, 
alleys,  plazas,  or  public  grounds  of  the  City  of  Phoenix 
without  having  fastened  over  his  head  a muzzle  suitable 
and  sufficient  to  keep  and  prevent  such  dog  from  being 
able  to  bite  man  or  beast. 

(f)  It  shall  be  unlawful  for  any  person  owning  or 
having  charge,  custody,  or  control  of  any  female  dog  to 
suffer  or  permit  such  dog  to  run  or  be  at  large,  or  to  be 
or  remain  in  sight  of  any  persons,  or  subject  to  visit  or 
access  by  male  dogs  while  such  female  dog  is  running  or 
in  heat. 

(g)  It  shall  be  the  duty  of  the  Chief  of  Police,  any 
police  officer,  special  policemen  or  watchman  of  the  City 
of  Phoenix,  and  of  each  and  all  of  them,  when  any  dog 
is  found  loose  or  at  large  upon  any  of  the  streets  of  the 
City  of  Phoenix,  without  the  dog  tag  and  muzzle,  or  the 
dog  tag  herein  provided  for,  to  immediately  capture  and 
secure  such  dog  * and  remove  him  to  a convenient  place, 
and  there  keep  or  dispose  of  him,  as  under  the  circum- 
stances the  case  be  most  expedient. 

(h)  The  dog  tax  issued  under  this  section  shall 
expire  and  become  immediately  ineffective  as  a means  of 
protection  to  dogs  running  at  large  in  the  City  of  Phoenix 
on  the  30th  day  of  June  of  each  year. 

(i)  Any  person  who  allows  any  dog  owned  by  him, 
or  in  his  possession  or  under  his  control,  to  run  at  large 
in  the  streets,  alleys,  plazas  or  public  grounds  of  the  City 
of  Phoenix,  in  violation  of  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a misdemeanor  and, 
upon  conviction  thereof,  shall  be  fined  in  a sum  not  more 
than  twenty-five  dollars  for  each  and  every  such  offense. 

Sec.  86  (a)  It  shall  be  unlawful  for  any  person,  or 
corporation  to  operate,  maintain  or  control  any  shooting 
gallery  in  any  street,  alley  or  vacant  lot  within  the  cor- 
porate limits  of  the  City  of  Phoenix,  or  in  or  upon  any 
place  within  the  City  of  Phoenix  except  an  enclosed  room 
or  building  properly  safeguarded  to  prevent  injury,  dam- 
age or  loss  to  person  or  property. 

(b)  It  shall  be  unlawful  to  fire  any  rifle  or  pistol, 
larger  than,  twenty-two  calibre,  in  any  shooting  gallery 
in  the  City  of  Phoenix. 

(c)  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a misdemeanor  and  upon 


City  of  Phoenix 


59 


conviction  thereof  shall  be  fined  in  a sum  not  more  than 
fifty  dollars. 

(d)  Every  day  that  any  shooting  gallery  shall  be 
run,  operated,  continued  or  maintained  in  violation  of 
the  provisions  of  this  section  shall  constitute  a separate 
and  distinct  offense. 

Sec.  87.  (a)  Every  street  railway  company  or  cor- 
poration owning  or  operating  cars  for  the  carriage  of 
passengers,  freight  or  otherwise,  within  the  corporate 
limits  of  the  City  of  Phoenix  shall  provide  the  first  car  of 
every  train,  and  every  car  running  singly,  with  a guard 
rail  or  fender  on  the  front  of  each  train  or  car  running 
singly.  Such  guard  rail  or  fender  shall  be  so  constructed 
and  attached  to  the  car  as  to  prevent  any  child  or  adult 
person  from  getting  under  the  car  in  event  of  his  being 
struck  thereby. 

(b)  Any  person,  company  or  corporation  owning  or 
operating  any  street  car  line  or  street  cars  in  the  City 
of  Phoenix  for  the  carriage  of  passengers,  freight  or 
otherwise  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a misdemeanor  and  upon  con- 
viction shall  be  fined  not  more  than  two  hundred  dollars 
for  each  and  every  offense. 

Sec.  88.  (a)  It  shall  be  unlawful  for  any  person, 

firm  or  corporation  to  place,  or  permit  to  be  placed,  on 
premises  owned,  occupied  or  controlled  by  such  person, 
firm  or  corporation,  or  to  keep  for  sale  on  such  premises, 
more  than  two  tons  of  loose  hay  or  straw  within  the  fire 
limits  of  the  City  of  Phoenix  unless  the  same  shall  be 
placed  in  a barn  or  other  enclosed  building. 

(b)  It  shall  be  unlawful  for  any  person  to  use  any 
portable  light  in  any  building  or  barn  where  any  com- 
bustible material  or  hay  is  kept  unless  such  light  be  so 
covered,  enclosed  and  protected  as  to  prevent  it  from  com- 
ing in  contact  with  or  igniting  any  such  combustible 
material. 

Sec.  89.  (1)  It  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  keep  or  store  calcium  carbide 
within  the  City  of  Phoenix,  unless  the  following  condi- 
tions are  complied  with:  . Calcium  carbide  shall  be  con- 
fined in  a can  or  drum  of  metal  the  seams  of  which  must 
be  lock-jointed,  air  and  water  tight  without  the  use  of 
solder.  Such  container  must  be  provided  with  a screw 
top  or  its  equivalent,  made  of  sufficient  strength  to  in- 
sure handling  without  rupture,  to  be  kept  free  from 
moisture  and  conspicuously  marked  “Calcium  Carbide — 
Keep  Dry.” 


60 


City  Ordinances 


(2)  (a)  All  such  packages  of  calcium  carbide,  of  what- 

ever capacity,  when  stored  in  quantities  not  to  exceed 
six  hundred  (600)  pounds,  shall  be  supported  upon  blocks 
or  legs,  or  placed  or  piled  upon  a rack  or  racks,  of  suffi- 
cient strength  to  support  the  same,  and  so  constructed 
and  placed  as  to  elevate  and  sustain  such  packages  at 
least  six  (6)  inches  above  the  floor. 

(b)  When  calcium  carbide  is  kept  or  stored  in 
quantities  exceeding  six  hundred  pounds,  it  must  be  in  a 
building  used  exclusively  for  that  purpose,  and  the  floor 
of  such  building  upon  which  the  calcium  carbide  rests 
shall  be  at  least  six  inches  above  the  actual  existing  level 
of  the  street,  alley  or  wall  upon  which  such  building  is 
located  or  abutts. 

3.  (a)  A frame  building  used  for  the  storage  of 

calcium  carbide  in  quantities  exceeding  six  hundred 
pounds  shall  be  water  proof,  well  ventilated,  without  arti- 
ficial light  or  heat,  kept  thoroughly  dry  and  must  be  de- 
tached from  any  other  building. 

(b)  Fireproof  buildings  used  for  the  storage  of  cal- 
cium carbide  in  quantities  exceeding  six  hundred  pounds 
shall  be  well  ventilated,  without  artificial  light  or  heat, 
kept  thoroughly  dry  and  so  situated  that  no  door  or  open- 
ing enters  directly  into  any  other  building. 

(c)  Any  building  used  for  storage  of  calcium  car- 
bide pursuant  to  the  provisions  of  subdivision  (3)  of  this 
section  shall  be  conspicuously  marked  “Calcium  Carbide” 
upon  the  outside  of  all  entrances  thereto. 

(4)  Any  person,  firm  or  corporation  keeping  or 
storing  calcium  carbide  in  any  quantity  exceeding  six  hun- 
dred pounds  in  weight,  shall,  immediately  upon  receiving 
the  same,  notify  in  writing  the  Chief  of  the  Fire  Depart- 
ment of  the  City  of  Phoenix  of  the  exact  location  of 
such  place  of  storage,  and  the  same  shall  be,  at  all  times, 
subject  to  his  inspection,  and  upon  compliance  with  the 
provisions  of  this  section,  he  shall  approve  the  same. 

(5)  Any  person,  firm  or  corporation  violating  the 
provisions  of  this  section  shall  be  guilty  of  a misdemeanor, 
and,  upon  conviction  thereof,  shall  b‘e  fined  in  a sum  not 
more  than  one  hundred  dollars. 

Sec.  90.  (1)  The  discharge,  firing  or  use  of  all  fire- 
crackers, rockets,  torpedoes,  Roman  candles  or  other  fire- 
works or  substance  designed  and  intended  for  pyrotechnic 
display,  and  of  all  pistols,  canes,  cannons,  or  other  ap- 
pliances, using  blank  cartridges  or  caps  containing  chlorate 
of  potash  mixture  is  hereby  prohibited  within  the  special 
fire  limits  of  the  City  of  Phoenix;  provided  that  the 


City  of  Phoenix 


61 


Commission  may  order  or  permit  the  public  display  of 
fireworks  within  said  limits  by  qualified  individuals  under 
the  direct  supervision  of  the  Chief  of  the  Fire  Depart- 
ment. 

(2)  The  sale  of  fireworks  in  any  premises  used  for 
the  following  purposes  is  hereby  prohibited: 

(a)  Where  paints,  oil,  gasoline,  or  other  inflammable 
liquid,  tar,  pitch,  rosin,  hay,  cotton,  hemp,  or  other  com- 
bustible fibre  or  stock  or  manufactured  or  kept  for  sale 
or  storage,  or  in  any  carpenter  shop  or  drug  store. 

(b)  Where  dry  goods  of  any  kind,  or  other  light 
material  of  a combustible  nature  excepting  flags,  paper 
lanterns,  paper  balloons,  decorations  or  newspapers,  are 
kept  for  sale;  these  exceptions  shall  be  stored  or  offered 
for  sale  at  a safe  distance  from  the  fireworks.  The 
Chief  of  the  Fire  Department  shall  have  discretionary 
power  in  these  matters. 

(c)  On  other  than  a street  grade  floor. 

(d)  Where  gunpowder,  blasting  powder  or  other  high 
explosives  are  sold,  or  in  any  structure  considered  espe- 
cially hazardous  by  the  Fire  Department. 

(3)  In  buildings  or  places  where  fireworks  are  stored 
or  kept  for  sale  at  wholesale,  the  following  regulations, 
with  all  others  maintained  in  this  section,  must  be  ob- 
served, and  it  shall  be  the  duty  of  the  Chief  of  the  Fire 
Department,  or  his  authorized  agent  or  deputy,  to  see 
that  they  are  complied  with: 

(a)  No  fireworks  shall  be  exposed  for  sale  outside 
of  the  walls  of  any  building,  nor  in  any  doorway  or  show 
window,  and  they  must  be  kept  remote  from  any  open 
flame  or  fire  and  the  direct  rays  of  the  sun. 

(b)  Lighting  must  be  by  electricity  (incandescent) 
or  other  light  acceptable  to  the  Chief  of  the  Fire  Depart- 
ment. 

(c)  Exits,  both  from  front  and  rear,  must  be  pro- 
vided and  kept  open. 

(4)  Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  section  regarding  the  storage  and 
sale  of  fireworks  shall  be  guilty  of  a misdemeanor,  and, 
upon  conviction,  shall  be  punished  by  a fine  of  not  more 
than  twenty-five  dollars  for  each  and  every  day  such 
violation  continues. 

The  Chief  of  the  Fire  Department  may,  at  his  dis- 
cretion, remove  or  have  removed,  at  the  owner’s  expense, 
any  and  all  stocks  of  fireworks  or  other  combustibles 
exposed  for  sale,  or  held  in  stock  in  violation  of  this 
section. 


City  Ordinances 


. 62 


Sec.  91.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation,  without  first  obtaining  a special  permit  from 
the  Commission  so  to  do,  to  distribute  or  cause  to  be  dis- 
tributed, any  sample  or  samples  of  patent  or  other  medi- 
cine, or  any  concoction  or  compound  having  or  represented 
to  have  any  medicinal  qualities,  at  any  residence,  business 
house  or  other  public  or  private  place  or  to  any  person  in 
any  residence,  business  house  or  other  public  or  private 
place  in  the  City  of  Phoenix;  provided,  however,  that 
nothing  herein  shall  be  construed  as  prohibiting  any  duly 
licensed  or  established  business  house  in  the  City  of 
Phoenix  from  distributing  samples  of  patent  or  other 
medicines,  or  any  other  concoction  or  compound  having 
or  represented  to  have  medicinal  qualities,  to  any  adult 
person  at  its  place  of  business  when  not  in  conflict  with 
the  laws  of  the  United  States  of  - America,  the  State  of 
Arizona  or  the  Ordinances  of  the  City  of  Phoenix. 

Sec.  92.  (a)  It  shall  be  unlawful  for  any  person  to 

throw,  place,  scatter,  distribute  or  in  any  manner  deposit 
upon  any  street,  alley,  sidewalk  or  other  place  in  the 
City  of  Phoenix,  any  handbill,  placard,  poster,  dodger  or 
other  notice  of  advertisement. 

(b)  It  shall  be  unlawful  for  any  person  to  paste, 
fasten,  or  in  any  manner  affix  to  any  curb  or  sidewalk 
of  any  public  street  in  the  City  of  Phoenix,  any  . drawing, 
writing,  handbill,  placard,  poster,  dodger  or  notice  or 
advertisement. 

(c)  It  shall  be  unlawful  for  any  person,  firm,  asso- 
ciation or  corporation,  to  write,  paint,  post,  paste,  tack 
or  place  within  the  City  of  Phoenix  any  card,  sign,  notice, 
handbill,  dodger  or  advertising,  without  having  first  paid 
for  and  procured  a license  from  the  City  of  Phoenix  to 
conduct  and  carry  on  an  advertising  business,  and  it  shall 
also  be  unlawful  for  any  person,  firm,  association  or 
corporation,  whether  or  not  so  licensed,  to  write,  paint, 
paste,  post,  tack  or  place  any  such  card,  sign,  notice, 
handbill,  dodger  or  advertisement  in,  on,  or  upon  any 
tree,  post,  pole,  fence,  wall,  building,  premises  or  other 
property  owned  by,  or  belonging  to,  or  in  charge  of  an- 
other person,  firm,  association  or  corporation,  without 
first  having  obtained  from  such  person,  firm,  association 
or  corporation,  so  owning  or  in  charge,  custody,  or  control 
thereof,  written  permission  so  to  do,  provided,  however, 
that  no  such  license  shall  be  required  of  any  person,  firm, 
association  or  corporation  tacking  or  posting  such  legal 
and  public  notices  as  are  by  law  provided  or  required  to 
be  tacked  or  posted. 


City  of  Phoenix 


63 


(d)  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a fine  of 
not  more  than  twenty-five  dollars,  or  by  imprisonment  in 
the  City  Jail  for  a period  of  not  more  than  twenty-five 
days,  or  by  both  such  fine  and  imprisonment. 

Sec.  93.  (a)  It  shall  be  unlawful  for  any  person  or 

persons,  whether  member  or  members,  agent  or  agents, 
clerk  or  clerks,  employee  or  employees,  either  for  himself 
or  themselves  or  any  other  person  or  persons,  firms,  asso- 
ciations or  bodies  corporate,  or  employee  or  employees, 
either  for  himself  or  themselves  or  any  other  person  or 
persons,  firms,  associations  or  bodies  corporate,  or  other- 
wise, or  as  officers  of  any  corporation,  to  ask,  demand, 
collect  or  receive  any  greater  interest  upon  any  loans, 
advances  or  indebtedness  than  the  rate  of  ten  per  cent 
per  annum,  or  to  ask,  demand  or  receive  any  promise  or 
agreement,  oral  or  written,  requiring  or  providing  for  any 
interest  payment  in  excess  of  the  rate  of  ten  per  cent  per 
annum,  or  to  ask,  demand  or  receive  any  gratuity,  reward, 
payment,  commission  or  thing  of  value  or  promise  there- 
of, as  for,  on  account  of,  or  as  a condition  to  the  making, 
effecting  or  procuring  of  any  advance  or  loan  of  money 
for  any  other  person  or  persons,  firms,  associations  or 
corporations,  which  is  or  shall  be  greater  in  amount  or  of 
more  worth  or  value  than  two  per  cent  of  the  amount  of 
the  advance  or  loan  made,  offered  or  procured. 

The  provisions  of  this  paragraph  shall  extend  and 
apply  to  all  persons,  firms,  association  and  corporations, 
other  than  those  carrying  on  or  conducting  a pawn- 
broking establishment  within  the  City  of  Phoenix  and 
under  a city  license  regularly  issued  therefor. 

(b)  Each  and  every  person,  firm,  association  and 
corporation  that  shall  keep  a place  of  business  within  the 
City  of  Phoenix  where  money  is  loaned  or  advanced  upon 
pledge  or  deposit  of  personal  property,  or  pertaining  to 
the  sale  of  goods,  wares  and  merchandise,  conditional  that 
the  seller  may  repay  for  such  goods,  wares  or  merchandise 
at  an  advanced  price,  within  a limited  time,  shall  be  deemed 
and  are  hereby  designated  as  pawnbrokers,  and  shall  be,  and 
are  hereby  required  to  take'  out  and  procure  a pawnbroker’s 
license,  and  to  pay  the  license  fees  and  charges  which  may 
or  shall  be  fixed  by  the  City  Ordinance,  before  doing  or 
transacting  any  business  within  the  City  of  Phoenix,  and  it 
shall  be  unlawful  for  any  such  person,  firm,  association 
or  corporation,  doing  business  as  a pawnbroker  within 
the  City  of  Phoenix,  under  a pawnbroker’s  license  regu- 


64 


City  Ordinances 


Ordinance  131 


Ordinance  417 


Ordinance  131 


larly  issued  by  the  city,  to  ask,  demand,  collect  or  receive 
interest  at  the  rate  of  more  than  two  per  cent  per  month 
upon  any  loans  or  advances  made  by  him,  it  or  them, 
or  to  ask,  demand,  collect  or  receive  commissions,  de- 
posits, storage  or  other  charges  which  shall  increase  the 
said  interest  charges  to  more  than  two  per  cent  per 
month. 

(c)  Any  person  or  persons,  firm  or  firms,  association 
or  associations,  corporation  or  corporations,  that  may  vio- 
late any  of  the  provisions  in  this  section  contained,  shall 
be  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a fine  of  not  more  than  $300.00,  or 
by  imprisonment  in  the  City  Jail  for  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.  94.  (a)  No  person,  firm  or  corporation  shall 

place  or  maintain  on,  over  or  across  any  street,  sidewalk 
or  alley  within  the  City  of  Phoenix,  any  sign  or  form  of 
advertising  matter,  bunting  or  other  form  of  decoration, 
without  first  obtaining  a permit  from  the  Commission  of 
the  City  of  Phoenix. 

(b)  All  advertising  signs,  other  than  electric,  here- 
after placed,  shall  be  of  a non-combustible  material  and 
may  be  attached  parallel  to  any  buildings  provided  they 
do  not  extend  over  the  sidewalk  more  than  four  inches 
from  the  building;  and, 

Provided  further,  that  enameled  sheet  metal  signs 
not  to  exceed  fourteen  inches  in  width  and  eighteen 
inches  in  length  may  be  affixed  to  the  side  wall  of  any 
building  and  at  right  angles  thereto,  which  said  sign  is 
used  for  the  sole  purpose  of  giving  information  or  warn- 
ing to  tourists  or  travelers  and  not  for  the  purpose  of 
advertising  goods,  wares  and  merchandise;  and, 

Provided  further,  that  no  such  sign  shall  be  placed  on 
any  building  or  structure  without  a permit  from  the  City 
Manager. 

Parallel  with,  and  on  the  street  side  of  porch  posts, 
cloth  or  other  material  may  be  used  for  signs,  but  such 
signs  shall  not  be  less  than  eight  feet  above  the  sidewalk 
nor  higher  than  the  bottom  of  the  second  story  porch 
floor  or  roof. 

(c)  All  awnings  hereafter  placed  shall  be  at  least 
eight  feet  above  the  sidewalk.  The  roof  and  face  of 
awnings  parallel  with  the  street  may  be  used  for  signs. 

(d)  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  place  or  maintain  any  awning  or  sign 
(excepting  cloth  signs),  that  weigh  more  than  twenty-five 
pounds,  on  any  building,  porch,  porch  post,  without  hav- 


City  of  Phoenix 


65 


ing  first  obtained  a permit  from  the  Building  Inspector, 
for  which  a fee  of  one  dollar  shall  be  charged  to  cover 
the  cost  of  inspection,  and  all  such  awnings  and  signs 
shall  be  properly  fastened  and  braced  against  wind  under 
the  direction  and  approval  of  the  Building  Inspector. 

(e)  No  advertising  matter  of  any  kind  shall  be 
placed  at  block  corners  inside  of  street  intersections,  or  at 
alley  and  street  intersections,  and  must  not  extend  beyond 
the  continuation  of  proper  lines  without  the  consent  of 
the  Commission  in  writing  first  had  and  obtained,  and 
then  only  on  such  conditions  as  the  Commission  may 
require. 

(f)  All  signs  and  other  forms  of  advertising  devices 
now  placed  on,  over  or  across  any  sidewalk,  street  or 
alley,  that  do  not  conform  to  the  requirements  of  any 
of  the  provisions  of  this  section  are  now  and  hereby  de- 
clared to  be  obstructions  and  nuisances,  and  it  shall  be 
the  duty  of  every  person,  firm  or  corporation  now  main- 
taining and  having  any  such  sign  or  advertising  device 
on,  over  or  across  any  such  sidewalk,  street  or  alley,  to 
remove  the  same  within  twenty-four  hours  after  being 
notified  so  to  do  by  the  Building  Inspector.  And  any 
such  person,  firm  or  corporation  failing  to  comply  with 
such  notice  shall  be  guilty  of  a misdemeanor  and  punish- 
able as  hereinafter  provided. 

(g)  Any  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a misdemeanor  and,  upon 
conviction  thereof,  shall  be  fined  in  a sum  not  more 
than  fifty  dollars,  or  be  imprisoned  in  the  City  Jail  for 
a period  not  more  than  fifty  days,  or  by  both  such  fine 
and  imprisonment,  and  each  and  every  day  during  which 
any  violation  of  the  provisions  of  this  section  continues 
shall  constitute  a separate  offense. 

Sec.  95.  (a)  No  sign,  transparency,  advertisement  or 
sign  device,  intended  to  be  used  in  connection  with  elec- 
tricity, shall  be  hereafter  constructed,  placed,  recon- 
structed, or  allowed  on  or  about  the  exterior  of  any 
building  or  other  structure,  or  on  or  over  any  sidewalk 
or  public  thoroughfare  unless  drawings  to  scale  of  the 
proposed  signs  together  with  such  information  relative 
to  the  dimensions,  position  and  structure  of  such  signs 
as  may  be  required  shall  have  been  first  submitted  to  the 
Inspector  of  Electricity  and  a permit  shall  have  been 
obtained  for  the  erection  thereof. 

(b)  It  shall  be  the  duty  of  the  Inspector  of  Elec- 
tricity, upon  the  filing  of  drawings  and  specifications  as 
provided  in  subdivision  (a)  to  examine  such  drawings 


66 


City  Ordinances 


and  specifications  and  if  necessary,  the  premises  upon 
which  it  is  proposed  to  erect  the  sign,  and  if  it  shall 
appear  that  the  proposed  sign  is  in  accordance  with  all 
ordinances  regarding  its  dimensions,  position,  fireproof 
qualities  and  structural  safety  and  security,  the  Inspector 
of  Electricity  shall  issue  a permit  for  the  erection  of  the 
sign.  During  and  after  the  completion  of  the  erection 
of  the  sign,  the  Inspector  of  Electricity  shall  cause  the 
same  to  be  inspected,  and  if  upon  inspection  it  is  found 
that  the  sign  is  in  accordance  with  all  ordinances  regard- 
ing its  dimensions,  position,  fireproof  qualities  and  struc- 
tural safety  and  security,  a certificate  shall  be  issued  by 
the  Inspector  of  Electricity  approving  the  sign. 

(c)  The  firm,  person,  association  or  corporation 
constructing  or  installing  or  causing  the  construction  or 
installation  of  any  electric  sign,  or  the  reconstruction  or 
alteration  of  any  sign,  shall  before  issuance  of  a certificate 
of  satisfactory  inspection,  pay  to  the  Inspector  of  Elec- 
tricity the  following  fees: 

For  each  sign  of  660  watts  consumption  or  less,  a 
fee  of  two  ($2.00)  dollars  will  be  charged,  and  one 
($1.00)  dollar  per  660  watts  or  part  thereof  in  excess  of 
660.  For  outline  lighting  and  similar  installation  where 
outlets  are  within  eighteen  (18)  inches,  a fee  of  two  and 
one-half  (2^4)  cents  per  outlet;  and  where  from  eighteen 
(18)  to  twenty-four  (24)  inches,  five  (5)  cents  per  out- 
let, and  further  than  twenty-four  (24)  inches,  ten  (10) 
cents  per  outlet  shall  be  charged. 

(d)  No  sign  shall  be  placed  in  front  of  any  fire 
escape  or  standpipe,  across  or  in  front  of  any  exterior 
window,  or  other  exterior  opening  in  any  building  above 
the  first  story,  except  such  sign  be  a swinging  sign. 

Ordinance  108  (e)  No  sign  illuminated  by  electricity  shall  be  erect- 

ed unless  such  sign  is  listed  and  approved  by  the  National 
Board  of  Fire  Underwriters.  That  all  electric  signs  must 
be  provided  with  not  less  than  one  lamp  of  four  c.  p.  per 
square  foot  of  sign  surface,  except  that  smaller  or  larger 
lamps  may  be  used  provided  that  the  equivalent  of  four 
c.  p.  per  square  foot  of  sign  surface  is  maintained. 

(f)  From  the  sidewalk  up  from  seven  and  one-half 
(7Vk)  feet  to  ten  (10)  feet,  no  sign  or  device  of  any 
description  shall  project  more  than  twelve  (12)  inches 
from  the  building  line.  For  the  purpose  of  this  Ordinance, 
the  terms  “Front  of  Building”  or  “Building  Line”  shall 
be  construed  to  mean  the  general  outer  surface  of  the 
main  wall  of  the  building  facing  the  street  or  alley. 


City  of  Phoenix 


67 


EXCEPT  in  the  case  of  bay  windows  or  pillars  projecting 
beyond  the  main  wall  of  the  building’,  the  outer  surface 
of  such  windows  or  pillars  shall  be  considered  the  face 
of  the  building  at  these  points. 

(g)  In  the  case  of  signs  ten  (10)  feet  and  higher 
from  above  the  sidewalk,  subsections  Nos.  h,  i and  j must 
be  observed. 

(h)  Flat  or  curved  electric  signs  fastened  for  their 
whole  length  with  their  illuminated  plane  parallel  to  the 
front  of  the  building,  shall  not  project  therefrom  over 
the  sidewalk  more  than  twelve  (12)  inches  when  placed 
less  than  ten  (10)  feet  above  the  sidewalk,  nor  more 
than  eighteen  (18)  inches  when  placed  more  than  ten 
(10)  feet  above  the  sidewalk.  Such  signs  may  extend 
to  a height  of  twenty-five  (25)  feet. 

(i)  With  the  exception  of  vertical  signs  and  signs 
provided  for  in  subsection  8,  no  pendant  or  swinging  sign 
or  signs  extending  outward  from  the  building  shall  be 
more  than  thirty-six  inches  in  depth,  or  more  than  seven 

(7)  feet  in  vertical  height;  and  where  placed  from  ten 
(10)  to  twelve  (12)  feet  from  the  sidewalk,  must  not 
extend  outward  from  the  building  line  more  than  eight 

(8)  feet;  and  where  placed  from  twelve  (12)  to  eighteen 
(18)  feet  from  the  sidewalk,  signs  must  not  extend  out- 
ward from  the  building  line  more  than  twelve  (12)  feet; 
and  where  placed  farther  than  eighteen  (18)  feet  from 
the  sidewalk,  signs  must  not  extend  farther  than  eight 
feet  from  the  building  line.  Vertical  incandescent  electric 
light  signs,  which  are  signs  consisting  of  a vertical  row 
of  letters,  or  a vertical  sign  device,  illuminated  with  in- 
candescent electric  lamps,  with  the  illuminated  plane  per- 
pendicular to  the  face  of  the  building,  shall  not  be  less 
than  twelve  feet  from  the  sidewalk,  and  shall  not  project 
more  than  six  (6)  feet  from  the  building  line,  but  may 
extend  to  any  height  not  exceeding  the  wall  or  that  part 
of  the  building  that  sign  or  device  is  thereto  attached. 

(j)  Where  permanent  porches  or  awnings  exist,  elec- 
tric signs  may  be  attached  to  the  columns  or  supports 
on  the  street  side  of  the  same,  provided  that  signs  run 
parallel  with  the  curb  line  and  shall  not  extend  more 
than  twelve  (12)  inches  beyond  the  sidewalk  line,  and 
further  provided  that  no  sign  shall  be  more  than  twelve 
(12)  inches  in  depth,  or  more  than  eight  (8)  feet  in 
vertical  height,  and  that  no  part  of  sign  shall  be  less 
than  ten  (10)  feet  from  above  the  sidewalk. 

(k)  Wires  on  the  outside  of  sign  structures  and  for 
outlining  or  decorative  lighting  must  be  run  in  approved 


68 


City  Ordinances 


metal  conduits  or  armored  cable,  and  all  fittings  must 
be  approved  by  the  proper  officers  of  the  city. 

(l)  Feeds  for  signs  run  along  or  over  roofs  of 
building  must  be  supported  on  trestles,  eight  (8)  feet 
above  the  roof  or  in  approved  metal  conduit  or  armored 
cable,  and  switch  for  same  may  be  installed  on  pole  in 
alley  in  iron  cabinet  or  connected  to  main  line  switch  in 
building. 

(m)  Where  switches  for  signs  and  outlining  are 
installed  on  street  side  of  building,  double  pole  snap 
switches  up  to  250  volts  and  thirty  amperes  must  be  used. 
Above  250  volts  and  thirty  amperes,  approved  double  pole 
switches  must  be  installed  in  cabinets.  When  possible, 
these  switches  must  be  installed  seven  (7)  feet  above  the 
sidewalk,  and  where  installed  less  than  seven  (7)  feet, 
they  must  be  placed  in  approved  lock  iron  cabinets,  ap- 
proved D.  P.  flush  switches  may  be  used  instead  of  snap 
switches. 

(n)  Under  this  class  of  work,  1320  watts  will  be 
allowed  on  one  circuit,  provided  that  no  circuit  exceeds 
twelve  (12)  amperes,  and  when  more  than  660  watts  are 
on  a circuit,  nothing  smaller  than  Number  twelve  (12) 
wire  will  be  used. 

(o)  Signs  must  be  completely  installed,  ready  for 
service  before  same  will  be  approved. 

(p)  Wires  within  structures  of  signs  must  be 
double  braided,  rubber  covered,  and  may  be  carried  with- 
in one-half  (V2)  inch  of  each  other  and  surrounding 
metal.  Where  such  spacing  is  impracticable,  such  wires 
may  be  cabled,  if  one-half  (V2)  inch  clearance  from  sur- 
rounding material  is  maintained  and  if  cable  contains 
wires  of  only  one  polarity.  Wires  must  soldered  to 
terminals  or  receptacles  and  exposed  parts  treated  to 
prevent  corrosion. 

(q)  Signs  must  be  constructed  entirely  of  sheet 
metal  not  lighter  than  No.  26,  B.  & S.  guage,  galvan- 
ized enameled,  or  treated  with  at  least  three  (3)  coats 
of  anti-corrosive  paint  or  compound  and  braced  with 
angle  irons  of  such  thickness  so  placed  as  to  secure 
sufficient  strength  and  rigidity;  bottom  of  sign  must  be 
provided  with  holes  sufficient  to  provide  for  drainage. 
Braces  or  other  supports  attached  to  signs  shall  be  of 
metal  and  of  sufficient  strength  to  adequately  sustain 
the  same. 

(r)  Any  person,  firm  or  corporation  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a misdemeanor  and  upon  conviction  therefor,  fined 


City  of  Phoenix 


69 


in  the  sum  of  not  more  than  fifty  (50)  dollars,  or  by 
imprisonment  in  the  City  Jail  for  a period  of  not  more 
than  fifty  (50)  days,  or  both  such  fine  and  imprisonment. 

Sec.  96.  (a)  It  shall  be  unlawful  for  any  person,  cor- 

poration or  association,  or  their  officers,  agents  or  employees, 
to  dig,  excavate,  alter,  obstruct  or  change,  or  to  cause  any 
digging,  excavation,  alteration,  or  change  to  be  done  or 
made  in,  over,  under,  along,  across  or  upon  any  of  the 
sidewalks,  streets,  alleys,  parks  or  other  public  grounds 
or  places  within  the  corporate  limits  of  the  City  of  Phoe- 
nix, or  to  plant,  lay,  place,  set,  build,  construct,  remove, 
alter  or  change  any  trees,  sidewalks,  street  pavements, 
telephone  lines,  wires,  poles,  or  conduits,  telegraph  lines, 
wires,  poles  or  conduits,  electric  power  or  electric  light 
wires,  poles  or  conduits,  water  mains,  hydrants  or  pipes, 
sewer  mains,  manholes  or  pipes,  gas  mains,  pipes  or  con- 
duits, steam,  electric  or  other  railways,  railway  tracks, 
lines,  ties  or  rails,  switches  or  sidetracks,  bridges,  flumes, 
culverts,  drains  or  ditches,  or  any  other  .class  or  kind  of 
work,  material,  structure  or  construction,  in,  upon,  over  or 
under  such  sidewalks,  streets,  parks,  alleys  and  public 
grounds,  without  first  obtaining  permission  so  to  do  from 
the  City  Manager. 

(b)  The  City  Manager  may  require  any  application 
for  permission  to  do  or  perform  any  one  or  more  of  the  acts 
or  things  enumerated'  in  paragraph  1 of  this  section  to 
furnish  a map  or  diagram  showing  the  place,  character 
and  extent  of  the  proposed  work,  and  may  refuse  permis- 
sion to  do  or  perform  the  same  whenever  in  his  opinion  the 
best  interests  of  the  public  would  be  served  by  such  re- 
fusal, and  the  City  Manager  may,  at  his  discretion 
grant  permission  to  do  or  perform  any  such  acts  or  things, 
in,  upon,  over,  or  under,  the  sidewalks,  streets,  alleys, 
parks,  public  grounds,  and  places,  except  such  as  may  be 
prohibited  by  law  or  Ordinance,  whenever  in  his  opinion 
the  best  interests  of  the  public  will  be  served  thereby,  and 
may  prescribe  such  reasonable  conditions  thereto  as  he  may 
from  time  to  time  determine.  And  as  a condition  to  the 
granting  of  such  permission,  the  City  Manager  may  re- 
quire of  such  applicant  security  in  such  form  and  amount 
as  the  City  Manager  may  determine,  conditioned  that  the 
contemplated  work  shall  be  done  and  performed  within 
such  reasonable  time  as  the  said  City  Manager  may  pre- 
scribe, and  that  the  applicant  shall  repair  and  place  and 
maintain  in  a good  condition  and'  state  of  repair,  and  to 
the  satisfaction  of  the  City  Manager,  the  streets,  alleys, 
sidewalks,  parks  or  other  public  grounds  or  places,  or  such 


70 


City  Ordinances 


portions  thereof  as  may  be  dug,  excavated,  altered  or 
changed  by  the  doing  or  performance  of  said  proposed 
work,  and  shall  hold  and  keep  the  City  of  Phoenix  harmless 
from  or  by  reason  of  any  act  or  thing  done  or  performed 
by  such  applicant  under  said  permission. 

(c)  Each  person,  firm,  association  or  corporation 
violating  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a misdemeanor. 

Sec.  97.  (a)  Anything  which  is  obnoxious  to  health, 
or  is  indecent,  or  is  offensive  to  the  senses,  or  is  an  ob- 
struction to  the  free  use  of  property  so  as  to  interfere  with 
the  comfortable  enjoyment  of  life  or  property  by  any  con- 
siderable number  of  persons,  or  unlawfully  obstructs  any 
public  street,  alley,  sidewalk  or  highway  is  hereby  declared 
a nuisance  and  may  be  abated  by  order  of  the  City  Court. 

(b)  Every  person  who  commits  or  maintains  a nuis- 
ance shall  be  guilty  of  a misdemeanor. 

Sec.  98.  (a)  On  all  streets  and  alleys,  all  poles, 

posts,  trees,  hitching  rings,  awnings  on  porch  posts,  serv- 
ice hydrants  and  all  other  constructions  extending  above 
the  grade  of  the  sidewalk,  shall  be  placed  so  that  the  same 
will  be  six  inches  from  the  inside  of  the  outer  edge  of  the 
curb,  saving  and  excepting  in  the  case  of  fire  hydrants 
which  may  be  set  otherwise  if  so  directed  by  the  City  Man- 
ager; provided,  however,  that  on  all  streets  and  alleys, 
where  iron  poles  are  used,  the  same  shall  not  exceed  eight 
inches  in  diameter  and  may  be  placed  in  such  manner  that 
they  shall  be  not  to  exceed  ten  inches  from  the  inside  of 
the  outer  edge  of  the  curb. 

(b)  All  telephone  and  telegraph  poles  on  all  streets 
and  alleys  of  the'  City  of  Phoenix  shall  be  placed  on  the 
south  side  of  all  streets  and'  alleys  running  east  and  west 
and  on  the  east  side  of  all  streets  and  alleys  running  north 
and  south,  and  all  poles  carrying  electric  power  either  for 
lighting  or  power  purposes  shall  be  placed  on  the  north 
side  of  all  streets  and  alleys  running  east  and  west  and  on 
the  west  side  of  all  streets  and  alleys  running  north  and 
south.  Provided,  however,  that  all  poles  shall  be  placed 
in  alleys  wherever  possible  and  shall  be  only  placed  on 
streets  where  no  alley  is  available  or  where  it  is  necessary 
to  run  wires  along  the  street  or  portion  thereof  to  reach 
their  destination  or  the  place  where  the  power  or  current  is 
to  be  delivered. 

(c)  On  streets  and  alleys  underground  conduit  for 
telephone  wires  must  be  of  the  same  size  as  directed  in  the 
preceding  paragraph  and  at  a depth  of  two  feet  to  three 
and  one-half  feet  below  the  established  grade,  and  on  al- 


City  of  Phoenix 


71 


leys  two  and  one-half  feet  from  the  outer  edge  of  the  curb 
and  on  streets  four  and  one-half  feet  from  the  outer  edge  of 
the  curb. 

(d)  On  all  alleys  less  than  twenty  feet  in  width  all 
poles  shall  be  placed  touching  the  property  line  and  under- 
ground conduits  shall  be  placed  two  and  one-half  feet  from 
the  property  lines;  provided,  however,  that  all  conduits 
shall  be  placed  in  alleys  wherever  possible  and  may  be 
placed  in  streets  only  where  it  is  necessary  to  run  wires 
along  the  street  or  portion  thereof  to  reach  their  destina- 
tion or  the  place  where  power  or  current  is  to  be  delivered. 

(e)  The  setting  and  placing  of  all  poles  and  the  ex- 
cavation of  and  construction  of  all  conduits  shall  be  under 
the  direction  of  the  City  Manager  and  shall  be  of  such  ma- 
terial and  dimensions  and  set  or  constructed  in  such  a man- 
ner as  may  be  required  by  him. 

(f)  No  telegraph,  telephone,  electric  light  or  electric 
power  wires  shall  in  any  manner  be  attached  to  or  con- 
nected with  any  public  or  private  building  or  porch  awn- 
ing within  the  city  except  as  may  be  necessitated  by  their 
actual  use  by  the  owners  or  occupants  of  such  building  or 
structure,  and  then  only  by  direct  connection  with  the 
wires  upon  or  from  the  poles  upon  which  they  may  be 
hung. 

(g)  All  telegraph,  telephone  or  electric  light  or  elec- 
tric power  poles  within  the  city  shall  be  dressed  or  planed 
and  painted  and  shall  be  of  such  height  and  so  placed  that 
the  lowest  wire  thereon  shall  not  be  less  than  twenty-five 
feet  above  the  grade  of  the  street. 

(h)  Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  section  shall  be  guilty  of  a misde- 
meanor and  each  day’s  continuation  thereof  shall  consti- 
tute a separate  offense. 

Sec.  99.  (a)  No  person  shall  dig,  or  cause  to  be 

dug,  in,  near  or  adjoining  any  public  street  or  alley  in  the 
City  of  Phoenix,  any  vault,  area,  coal  hole,  basement,  stair- 
way, elevator  shaft,  cellar,  or  other  opening  without  first 
obtaining  a permit  from  the  City  Manager  of  said  city  so 
to  do,  and  all  such  vaults,  areas,  coal  holes,  basements, 
stairways,  elevator  shafts,  cellars  or  other  openings  dug, 
in,  near  or  adjoining  any  public  street  or  alley,  shall  not 
be  permitted  or  suffered  except  as  authorized  by  competent 
authority. 

(b)  All  vaults,  areaway s,  coal  holes,  basements,  eleva- 
tor shafts,  cellars,  or  other  openings  now  dug  in,  near  or 
adjoining  any  public  street  or  alley,  or  that  may  hereafter 
be  dug  in,  near  or  adjoining  any  public  street  or  alley,  shall 


72 


City  Ordinances 


at  all  times  be  securely  covered  and  protected  with  a grat- 
ing or  other  covering  or  protection  in  such  manner  as  to 
prevent  persons,  animals  or  vehicles  from  falling  therein; 
which  grating  or  other  covering  shall  conform  to  the  pro- 
visions of  existing  Ordinances  of  the  City  of  Phoenix  re- 
lating to  the  placing  of  poles  in  public  streets  or  alleys; 
nor  shall  any  person,  keep,  maintain  or  leave  open,  any  cel- 
lar door,  grating  or  stairway  in  any  vault,  cellar,  basement, 
area,  coal  hole,  elevator  shaft,  or  other  opening  in,  near  or 
adjoining  any  public  street  or  alley,  nor  shall  any  person 
suffer  or  allow  any  such  cellar  door,  grating,  stairway,  in 
front  or  along  side  of  any  house,  building,  lot  or  premises, 
owned  or  occupied  by  him,  to  remain  in  an  unsafe  or  inse- 
cure condition  or  out  of  repair. 

(c)  No  opening  to  any  stairway  occupying  any  por- 
tion of  any  public  street  or  alley  in  the  City  of  Phoenix, 
shall  occupy  more  than  ten  (10)  feet  of  any  such  street  or 
alley,  measured  along  the  building  line  abutting  on  such 
street  or  alley;  and  no  such  stairway  shall  be  suffered  or 
permitted  to  occupy  any  portion  of  any  street  or  alley,  un- 
less the  same  is  enclosed  with  an  iron  railing  not  less  than 
three  (3)  feet  in  height,  securely  fastened  to  the  building; 
which  stairway  shall  be'  set  to  conform  with  the  provisions 
of  the  existing  Ordinances  of  the  City  of  Phoenix  relating 
to  the  placing  of  poles  in  public  streets  or  alleys;  and  no 
such  stairway  shall  be  permitted  or  suffered  to  be  placed 
in  any  such  street  or  alley  without  a permit  being  first  ob- 
tained from  the  City  Manager. 

(d)  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor. 

CHAPTER  V. 

OFFENSES  AGAINST  PROPERTY. 

Sec.  100.  It  shall  be  unlawful  to  break  or  destroy  any 
window,  door  or  part  of  any  dwelling  owned  or  occupied  by 
another,  or  to  break  or  sever  from  any  premises  owned  or 
occupied  by  another,  any  gate,  fence,  railing,  tree,  brush  or 
vine,  or  any  other  property  whatsoever,  or  to  deface,  mu- 
tilate or  injure  the  same. 

Sec.  101.  It  shall  be  unlawful  for  any  person  to  neg- 
ligently, wilfully  or  maliciously  girdle,  pull  down,  break, 
cut  or  in  any  manner  injure  trees  or  shrubbery  growing 
and  being  upon  any  plaza,  park,  street  or  along  the  margin 
of  any  street  or  sidewalk,  within  the  limits  of  the  City  of 
Phoenix. 

Sec.  102.  It  shall  be  unlawful  for  any  person  to  de- 
face any  public  urinal  or  water  closet  by  writing  or  draw- 


City  of  Phoenix 


73 


ing  thereon,  or  by  painting  or  pasting  thereon,  or  attach- 
ing thereto  any  handbill  or  advertisement  or  other  drawing, 
or  to  scratch,  mar,  disfigure  or  defile  such  urinal  or  water 
closet,  or  the  floor  or  walls  thereof. 

Section  103.  (a)  It  shall  be  unlawful  to  keep  or  Ordinance  2 «• 

maintain  any  cattle,  swine,  or  goats  within  the  corporate 
limits  of  the  City  of  Phoenix  without  the  permission  of  the 
Commission  first  had  and  obtained.  Any  person  desiring 
such  permission  shall  file  with  the  City  Clerk  his  application 
in  writing  and  the  City  Clerk  shall  submit  the  same  to  the 
Commission  at  its  first  meeting  thereafter.  Upon  the  grant- 
ing of  such  permission  by  the  Commission  the  Clerk  shall  so 
certify  to  the  applicant  and  such  certificate  shall  be  suf- 
ficient authority  to  permit  such  applicant  to  keep  cattle, 
swine  or  goats  within  the  corporate  limits  of  the  city,  pro- 
vided, however,  that  such  animals  kept  within  the  City  of 
Phoenix  shall  be  kept  in  an  enclosure  sufficient  to  prevent 
the  same  from  wandering  upon  the  property  belonging  to 
others  and  provided  also  that  the  premises  upon  which  such 
animals  are  kept  shall  be  always  sanitary  and  subject  to  in- 
spection and  regulation  by  the  City  Health  Officer,  and  any 
such  permit  shall  be  revocable  at  any  time  at  the  option 
of  the  Commission. 

(b)  It  shall  be  lawful  for  any  person  or  persons  to 
keep  and  maintain  poultry,  fowls,  rabbits  or  guinea  pigs 
within  the  corporate  limits  of  the  City  of  Phoenix  and 
a permit  is  herewith  given  to  any  such  person  or  persons 
to  keep  or  maintain  the  same,  but  only  in  the  manner  and 
upon  the  conditions  herein  set  forth,  and  not  otherwise. 

(1)  Such  poultry,  fowls,  rabbits  and  guinea  pigs  kept 
within  the  corporate  limits  of  the  city  shall  be  kept  in  an 
enclosure  forty  (40)  feet,  or  more,  from  any  residence, 
dining  room,  and  sleeping  room,  and  sufficient  to  prevent 
said  poultry,  fowls,  rabbits  and  guinea-pigs  from  wandering 
upon  property  belonging  to  others. 

(2)  The- premises  upon  which  such  poultry,  fowls,  rab- 
bits and  guinea-pigs  are  kept  shall  be  always  sanitary  and 
subject  to  inspection  and  regulation  by  the  City  Health 
Officer. 

(3)  In  case  such  poultry,  fowls,  rabbits  or  guinea- 
pigs  shall  in  any  manner  annoy  or  disturb  the  peace,  com- 
fort, health,  convenience  or  enjoyment  of  any  person  or 
persons  residing  within  three  hundred  (300)  feet  of  the  en- 
closure described  herein,  the  permit  herein  granted,  upon 
complaint  of  any  such  person  or  persons,  shall  be  forthwith 
revoked  by  the  Commission,  unless  the  grounds  of  complaint 
shall  be  immediately  removed. 


74 


City  Ordinances 


(c)  Any  person  violating  any  part  of  this  section  shall 
be  guilty  of  a misdemeanor  and  upon  conviction  thereof 
shall  be  punishable  by  a fine  of  not  less,  than  Ten  ($10.00) 
Dollars,  nor  more  than  Fifty  ($50.00)  Dollars,  or  by  im- 
prisonment in  the  City  Jail  for  a period'  of  not  less  than 
Ten  (10)  days,  nor  more  than  Fifty  (50)  days,  or  by  both 
such  fine  and  imprisonment. 

Sec.  104.  It  shall  be  unlawful  for  any  person  to  build, 
construct  or  erect  within  the  corporate  limits  of  the  City 
of  Phoenix  any  fence  or  barbed  wire,  brush  or  branches 
of  trees.  Any  fence  built  of  barbed  wire,  brush  or 
branches  of  trees  shall  be  removed  within  twenty  days 
after  notice  by  the  Chief  of  Police  given  to  the  owners  or 
occupants  of  lots  on  which  such  fences  are  built,  and  if  not 
so  removed  the  Chief  of  Police  shall  remove  the  same  at 
the  cost  of  the  owner  of  such  lot  or  lots  and  the  expenses 
thereof  shall  be  charged  as  taxes  and  become  a lien  against 
the  property,  and  collected  as  taxes  are  collected.  Any  per- 
son building,  constructing  or  erecting  any  such  fence  or  re- 
fusing to  remove  from  any  premises  owned,  occupied  or 
controlled  by  him,  any  such  fence  or  fences  shall  be  guilty 
of  a misdemeanor  and,  upon  conviction  thereof,  shall  be 
punished  by  a fine  of  not  more  than  fifty  dollars  or  by  im- 
prisonment in  the  City  Jail  for  a period  not  to  exceed  fifty 
days  or  by  both  such  fine  and  imprisonment. 

Sec.  105.  (a)  All  persons  owning  or  occupying  any 

building,  grounds  or  premises  within  the  limits  of  the  City 
of  Phoenix  are  hereby  required  to  remove  therefrom  all 
dirt,  debris,  rubbish,  garbage,  weeds  and  brush,  and  from 
all  sidewalks  adjacent  thereto;  and  are  hereby  required  to 
keep  and  maintain  the  same  free  and  clear  of  all  dirt,  de- 
bris, rubbish,  garbage,  weeds  and  brush. 

(b)  Should  any  such  owner  or  occupant  of  any 
building,  grounds  or  premises  within  the'  City  of  Phoenix 
fail,  neglect  or  refuse  to  forthwith  remove  from  said  build- 
ings, grounds  or  premises,  or  from  the  sidewalk  adjacent 
thereto,  any  dirt,  debris,  garbage,  rubbish,  weeds  or  brush; 
or  should  any  such  owner  or  occupant  fail  to  keep  and 
maintain  any  such  building,  grounds,  or  premises,  or  any 
sidewalks  adjacent  thereto,  free  and  clear  of  any  dirt,  de- 
bris, rubbish,  garbage,  weeds  or  brush,  then  the  City  Man- 
ager is  hereby  authorized  and  directed  to  remove  or  des- 
troy, or  cause  to  be  removed  or  destroyed,  any  and  all  such 
dirt,  debris,  rubbish,  garbage,  weeds  or  brush,  at  the  ex- 
pense of  such  owner  or  occupant;  and  the  City  Manager 
is  hereby  directed  to  forthwith  prepare  a verified  state- 
ment and  account  of  all  expenses  incurred  in  or  occasioned 


City  of  Phoenix 


75 


by  or  incident  to  such  removal  and  destruction,  or  either  of 
them,  and  to  file  such  verified  statement  and  account  with 
the  City  Assessor  and  ex-officio  City  Collector. 

(c)  All  such  expenses  incurred  in  connection  with,  or 
incident  to  such  removal  and  destruction,  or  either  of  them, 
and  as  fixed  and  determined  by  said  verified  itemized  state- 
ment and  account  filed  with  the  City  Assessor  and  ex-of- 
ficio City  Collector,  and  is  hereby  declared  as  a tax  lien 
upon  such  buildings,  grounds  and  premises;  and  shall  be 
charged  and  assessed  upon  and  against  such  buildings, 
grounds  and  premises,  and  shall  be  collected  at  the  same 
time  and  in  the  same  manner  as  other  city  taxes  are  col- 
lected. 

(d)  Every  owner  or  occupant  of  any  buildings, 
grounds  or  premises  within  the  city  who  shall  fail,  neglect 
or  refuse  to  remove  from  any  such  buildings,  grounds  or 
premises  owned  or  occupied  by  him,  or  from  the  sidewalk 
adjacent  thereto,  any  dirt,  debris,  rubbish,  garbage,  weeds 
or  brush,  or  who  shall  fail,  neglect  or  refuse  to  keep  and 
maintain  the  same  or  any  of  them  free'  and  clear  of  any 
and  all  dirt,  debris,  rubbish,  garbage,  weeds  or  brush,  shall 
also  be  guilty  of  a misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a fine  of  not  more  than  fifty 
dollars,  or  by  imprisonment  in  the  City  Jail  for  a term  not 
exceeding  thirty  days,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  106.  Whenever,  in  the  opinion  of  the  Commission 
of  the  City  of  Phoenix  any  building,  wall  or  smoke  stack, 
chimney  or  other  appurtenance'  to  any  building,  is,  from 
any  cause  whatever,  in  a condition  dangerous  to  persons  or 
property,  it  shall  be  the  duty  of  the  City  Manager,  when 
requested  by  the  Commission,  to  notify  the  owner,  or  agent 
of  the  owner  in  writing,  specifying  wherein  such  danger 
consists  to  forthwith  put  the  same  in  a safe  condition  and 
in  event  the  owner,  or  his  agent,  neglects  or  refuses  for  the 
space  of  twenty-four  hours  after  service  of  such  notice  to 
comply  therewith,  such  owner  or  agent  shall  be  guilty  of 
a misdemeanor  and  it  shall  be  lawful  for  the’  City  Manager 
to  pull  down  such  dangerous  building,  wall,  smoke  stack, 
chimney  or  other  appurtenance  or  to  make  such  repairs 
thereon  as  may  be  necessary  to  put  such  structure  in  a 
safe  condition. 

All  expenses  incurred  in  connection  with,  or  incident  to 
the  repair  or  removal  of  any  dangerous  wall,  building, 
smoke  stack,  chimney  or  other  appurtenance  to  any  build- 
ing by  the  City  Manager  shall  be  incorporated  and  set 
forth  in  a verified  itemized  statement  of  such  expenditure 


76 


City  Ordinances 


and  such  verified,  itemized  statement  shall  be  filed  with  the 
City  Assessor  and  ex-officio  City  Collector  and  shall  become 
and  be  a lien  upon  the  premises  upon  which  such  building, 
wall,  smoke  stack,  chimney  or  other  appurtenance  is  sit- 
uated, in  the  same  manner  and  with  the  same  effect  as 
taxes  become  a lien  immediately  upon  the  filing  of  such 
verified,  itemized  statement,  and  shall  be  charged  and  as- 
sessed upon  and  against  such  premises  and  shall  be  col- 
lected at  the  same  time  and  in  the  same  manner  as  taxes 
are  collected. 

Sec.  107.  A tree  line  is  hereby  established  upon  all 
streets  in  the  City  of  Phoenix,  as  follows:  On  all  streets 

one  hundred  feet  in  width  and  upwards,  the  tree  line  shall 
be  and  is  hereby  established  at  a distance  of  thirteen  feet 
from  the  property  line  toward  the  center  of  the  street;  on 
all  streets  from  eighty  to  under  one  hundred  feet  in  width 
the  tree  line'  shall  be  and  is  hereby  established  at  a dis- 
tance of  eleven  feet  from  the  property  line  toward  the  cen- 
ter of  the  street;  on  all  streets  sixty  to  under  eighty  feet  in 
width  the  tree  line  shall  be  and  is  hereby  established  at  a 
distance  ten  feet  from  the  property  line  towards  the  center 
of  the  street. 

It  shall  be  unlawful  for  any  person  or  persons  to  plant 
any  trees  upon  any  of  the  streets  of  the  City  of  Phoenix 
except  upon  the  tree  lines  as  herein  established;  and  any 
person  planting  any  tree  or  trees  upon  any  street  in  the 
city  at  any  place  other  than  upon  the  tree  line  shall  be 
guilty  of  misdemeanor. 

Sec.  108.  Every  person  trespassing  upon  the  premises 
of  any  person  or  corporation  within  the  limits  of  the  City 
of  Phoenix  shall  be  guilty  of  a misdemeanor  and,  upon  con- 
viction thereof,  shall  be  punished’  by  a fine  not  to  exceed 
twenty-five  dollars. 

Sec.  109.  Every  person,  firm,  association  or  corpora- 
tion who  shall  in  any  way  interfere  with  the  officers  of  the 
Water  Department  or  Plumbing  Inspector  of  the  City  of 
Phoenix  in  the  discharge  of  their  duties,  either  in  the'  tap- 
ping of  the  sewer  pipe,  main  or  lateral  belonging  to  the 
City  of  Phoenix,  or  the  laying  or  connecting  of  any  such 
pipe,  main  or  lateral,  or  who  shall  dig  up  or  cause’  to  be 
dug  up,  any  street  or  alley  in  the  City  of  Phoenix  for  the 
purpose  of  connecting  with  the  sewer  system  of  the  city 
without  first  obtaining  a permit  from  the  City  Manager 
so  to  do,  or  who,  having  a permit  so  to  do  shall  dig  up  any 
portion  of  any  street  or  alley  of  the  City  of  Phoenix  for  the 
purpose  of  connecting  with  the  sewer  system  of  the  city, 
shall  fail  or  neglect  to  place  said  street  or  alley  in  its  origi- 


City  of  Phoenix 


77 


nal  condition,  under  the  supervision  of  the  said  Superin- 
tendent of  the  Water  Works,  and  as  required  by  him,  shall 
be  guilty  of  a misdemeanor  and  upon  conviction  thereof, 
shall  be  fined  in  a sum  not  more  than  fifty  dollars,  or  by 
imprisonment  in  the  City  Jail  for  not  more  than  fifty  days 
or  by  both  such  fine  and  imprisonment. 

Sec.  110.  Every  person  who,  with  intent  to  injure  or 
defraud,  connects  or  causes  to  be  connected,  any  pipe,  tube, 
or  other  instrument,  with  any  main,  service  pipe  or  other 
pipe,  or  conduit  or  flume  for  conducting  water  belonging 
to  or  within  the  City  of  Phoenix,  for  the  purpose  of  taking 
water  from  such  main,  service,  pipe,  conduit  or  flume,  with- 
out the'  knowledge  or  consent  or  permit  from  the  proper 
officer  or  authorities  of  the  City  of  Phenix,  and  with  in- 
tent to  evade  payment  therefor,  is  guilty  of  a misdemeanor. 

Sec.  111.  Every  person  who  shall,  without  permission 
of  the  owner  thereof,  take  any  automobile,  bicycle,  motor- 
cycle or  other  vehicle  of  any  kind  whatever,  for  the  purpose 
of  temporarily  using  or  operating  the  same  shall  be  guilty 
of  a misdemeanor  and,  upon  conviction  thereof,  shall  be 
punished  by  a fine  of  not  exceeding  two  hundred  dollars,  or 
by  imprisonment  in  the  City  Jail  for  a period  not  exceeding 
three  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  112.  Every  person  who  purchases  or  receives  in 
pledge  or  by  way  of  mortgage,  from  any  person  under  the 
age  of  eighteen  years,  any  junk  metal,  mechanical  tools  or 
implements,  is  guilty  of  a misdemeanor. 

Sec.  113.  Every  person  who  steals,  takes  or  carries 
away  the  personal  property  of  another  without  the  knowl- 
edge or  consent  of  the  owner  and  with  intent  of  appropri- 
ating it  to  his  own  use  is  guilty  of  a misdemeanor  and  is 
punishable  by  a fine  not  to  exceed  the  sum  of  three  hun- 
dred dollars  or  by  imprisonment  in  the  City  Jail  for  a 
period  not  to  exceed  six  months  or  by  both  such  fine  and 
imprisonment. 

Sec.  114.  Every  person  who,  for  his  own  gain,  or  to 
prevent  the  owner  from  again  possessing  the  property, 
buys  or  receives  any  personal  property,  knowing  the  same 
to  have  been  stolen,  is  guilty  of  a misdemeanor.  And  it 
shall  be  presumptive  evidence  that  such  property  was 
stolen,  and  that  the  person  buying  or  receiving  the  same 
had  knowledge  thereof  if  the  same  consists  of  jewelry,  sil- 
ver or  plated  ware,  or  articles  of  personal  adornment,  if 
purchased  or  received  from  a person  unless  such  property 
is  sold  by  such  minor  at  a fixed  place  of  business  carried 
on  by  such  minor  or  his  employer. 


78 


City  Ordinances 


Sec.  115.  The  driver  of  any  vehicle,  either  driven  by 
motor  or  animal  power,  or  the  person  in  control  thereof, 
who  shall  drive  or  cause  to  be  driven  such  vehicle  over  or 
across  any  hose  laid  on  or  across  any  street,  alley  or  pub- 
lic place  in  the  City  of  Phoenix  by  the  Phoenix  Fire  De- 
partment, while  engaged  in  extinguishing  any  fire  or  en- 
gaged in  drill,  or  for  any  other  purposes,  or  laid  on  or 
across  any  street,  alley  or  public  place  in  the  City  of  Phoe- 
nix by  the  Gity  Street  Department  while  engaged  in 
cleaning  the  streets,  or  for  any  other  purpose,  or  who  shall 
drive  over  or  injure  or  destroy  any  lantern  or  other  light 
placed  by  said  Street  Department  on  any  street,  alley  or 
public  place,  shall  be  guilty  of  a misdemeanor. 

Sec.  116.  Any  person  who  shall  in  any  manner  wil- 
fully injure,  deface  or  mar  any  engine,  hose,  hose  wagon, 
hook,  ladder,  rope,  bucket,  uniform  or  any  property  of  any 
sort  whatever  belonging  to  or  used  by  the  Fire  Department 
of  the  City  of  Phoenix  shall  be  guilty  of  a misdemeanor. 

Sec.  117.  Any  person  who  in  any  manner  wilfully  ob- 
structs, injures  or  interferes  with  any  well,  pump,  ditch, 
hydrant,  plug  or  any  other  means  of  water  supply  of  the 
City  of  Phoenix  or  who  obstructs,  injures  or  interferes  in 
any  manner  with  the  use  of  the  same,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  118.  Every  person,  partnership,  association  or 
corporation  that  carries  on  the  business  of  buying  and  sell- 
ing second  hand  goods,  who  fails,  at  the  time  of  the  trans- 
action, to  enter  in  a register  to  be  kept  for  that  purpose,  in 
the  English  language,  an  accurate  description  of  the  prop- 
erty bought  together  with  the  name  and  place  of  residence 
of  the  seller,  is  guilty  of  a misdemeanor,  and  every  such 
dealer  in  second  hand  goods  who  fails  or  refuses  to  produce 
such  register  for  the  inspection  of  the  Chief  of  Police  or 
any  police  officer  of  the  city,  or  to  produce  for  inspection 
by  the  Chief  of  Police  or  any  police  officer  or  any  person 
having  an  order  from  the  Chief  of  Police  for  the  produc- 
tion of  such  articles  for  inspection  any  article  or  second 
hand  goods  bought  by  him  and  in  his  possession  shall  be 
guilty  of  a misdemeanor. 

Sec.  119.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  construct  any  sidewalk,  gutter  or  curb  of 
cement  or  concrete  within  the  corporate  limits  of  the  City 
of  Phoenix  unless  the  grade  of  such  sidewalk,  gutter  or 
curb  has  been  established  by  the  City  Engineer  of  said  City 
of  Phoenix,  provided,  that  it  shall  be  the  duty  of  the  City 
Engineer,  upon  demand  being  made  in  writing  by  all  the 
owners  of  property  fronting  on  any  one  block,  to  furnish 


City  of  Phoenix 


79 


the  grades  for  any  such  sidewalks,  gutter  or  curb  within 
thirty  days  after  such  demand  in  writing. 

Sec.  120.  (a)  It  shall  be,  and  it  is  hereby  made  un- 
lawful for  any  person,  whether  owner,  contractor  or  other- 
wise, to  lay  or  cause  to  be  laid,  any  sidewalk  on  any  public 
street  or  alley,  unless  the  same  be  laid  according  to  the 
lines  and  official  grades  for  such  work,  as  furnished  by  the 
City  Engineer  of  the  City  of  Phoenix,  and  in  accordance 
with  the  specifications  for  such  work  approved  and  adopted 
by  the  Commission  of  the  City  of  Phoenix. 

(b)  It  shall  be  and  is  hereby  made  the  duty  of  the 
said  City  Engineer  to  furnish,  upon  request  to  any  owner 
whose  property  abuts  upon,  or  is  contiguous  to  any  street 
that  is  to  be  improved  by  the  laying  of  a sidewalk,  or  to 
the  contractor  who  is  to  lay  said  sidewalk,  the  lines  and 
grades  established  for  such  sidewalks  by  the  City  of  Phoe- 
nix. 

The  City  Engineer  shall  not  furnish  the  lines  and 
grades  for  the  laying  of  any  sidewalk  after  the  passage  of 
a resolution  of  intention  to  improve  any  street  by  laying  a 
sidewalk,  when  such  sidewalk  is  to  be  laid  under  the  provi- 
sions of  the  “Improvement  Act  1912.” 

It  shall  be,  and  it  is  hereby  made  the  duty  of  the  said 
City  Engineer  at  once  upon  receiving  instructions  from 
the  City  Commission  authorizing  the  preparation  and  a 
resolution  of  intention  providing  that  a sidewalk  be  laid  in 
front  of,  or  abutting  on  their  property,  to  notify  all  prop- 
erty owners  in  writing  that  after  the  expiration  of  thirty 
days,  the  said  City  Commission  intends  to  and  will  improve 
the  street  abutting  their  said  property,  describing  same,  by 
laying,  or  causing  to  be  laid,  a cement  concrete  sidewalk, 
specifying  the  width  thereof,  and  if  within  the  said  period 
of  thirty  (30)  days  any  property  owner  shall  desire  to  con- 
struct his  sidewalk  by  private  contract,  it  shall  be  the  duty 
of  the  said  City  Engineer  to  furnish  such  property  owner 
with  the  proper  lines  and  grades  for  such  sidewalk,  as  es- 
tablished by  the'  City  of  Phoenix. 

(c)  Any  person,  whether  owner  or  contractor,  who 
shall  lay  or  cause  to  be  laid  any  sidewalk  on  any  public 
street  or  alley  in  the  City  of  Phoenix  in  violation  of  the 
provisions  of  this  Ordinance,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  a sum  of  not  more  than  fifty  dollars  ($50.00),  or  by  im- 
prisonment in  the  City  Jail  for  a period  of  not  more  than 
(50)  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  121.  (a)  It  shall  be,  and  is  hereby  made  un- 

lawful for  any  person,  firm  or  corporation  to  complete  the 


80 


City  Ordinances 


construction  of  any  concrete  sidewalk  within  the  corporate 
limits  of  the  City  of  Phoenix  without  first  stamping  or  im- 
pressing by  a stencil  every  one  hundred  feet  of  concrete 
work  with  his,  their  or  its  name  in  legible  letters,  or  where 
such  concrete  sidewalk  is  less  than  one  hundred  (100)  feet 
in  length,  at  each  end  of  such  sidewalk.  The  size  and  form 
of  such  stencil  to  be'  approved  by  the  City  Engineer  and 
the  City  Engineer  shall  not  give  any  additional  lines  or 
grades  to  any  person,  firm  or  corporation  who  shall  fail  or 
refuse  to  stamp  or  impress  his,  their  or  its  name  in  the  con- 
crete sidewalk  as  herein  required  until  the  name  of  such 
person,  firm  or  corporation  has  been  stamped  or  impressed 
by  removing  and  relaying  the  squares  of  concrete  sidewalk 
where  the  name  of  such  person,  firm  or  corporation  should 
have  been  stamped  or  impressed,  or  otherwise,  as  the  City 
Engineer  may  require. 

(b)  It  shall  be  and  it  is  hereby  made  unlawful  for 
any  person,  firm  or  corporation  to  complete  the  construc- 
tion of  any  curbs  at  the  intersection  of  any  streets,  or 
avenues  within  the  corporate  limits  of  the  City  of  Phoenix 
without  first  stamping  or  impressing  with  a stencil  the 
name  of  the  street  or  avenue  in  legible  letters  upon  the 
top  face  of  the  curb  and  facing  the  street,  the  size  and 
form  of  such  stencil  to  be  approved  by  the  City  Engineer 
and  the  City  Engineer  shall  not  give  any  additional  lines  or 
grades  for  the  laying  of  any  curb  to  any  person,  firm  or 
corporation  who  shall  fail  or  refuse  to  stamp  or  impress 
the  name  of  the  streets  or  avenues  on  the  curbs  as  herein 
required  until  the  name  of  such  streets  or  avenues  have 
been  so  stamped  or  impressed  in  such  curb,  either  by  re- 
moving sufficient  of  such  curb  necessary  to  comply  with 
the  provisions  of  this  section,  or  otherwise,  as  the'  City  En- 
gineer may  require. 

(c)  Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a misdemeanor  and  upon 
conviction,  be  fined  in  a sum  not  more'  than  fifty  dollars  or 
be  imprisoned  in  the  City  Jail  for  not  more  than  fifty  days, 
or  by  both  such  fine  and  imprisonment. 

REGULATION  OF  BUSINESS. 

CHAPTER  VI. 

Sec.  122.  For  the  purpose  of  this  section  the  follow- 
ing definitions  are  adopted: 

(a)  Every  vehicle  used  for  the  conveyance  of  goods, 
packages,  freight,  baggage  or  household  goods  from  place 
to  place  within  the  corporate  limits  of  the  City  of  Phoenix 
for  hire,  except  vehicles  used  by  merchants  or  tradesmen 


City  of  Phoenix 


81 


exclusively  for  the  delivery  of  their  wares  to  customers, 
shall  be  deemed  a job  wagon. 

(b)  It  shall  be  unlawful  for  any  person  having- 
charge  or  control  of  any  job  wagon  to  occupy  as  a stand 
for  the  same  any  portion  of  any  street  without  first  ob- 
taining a special  permit  from  the  City  Commission  and  the 
written  consent  of  the  owner  or  tenant,  if  any,  as  the  case 
may  be,  of  the  premises  fronting  on  the  portion  of  the 
street  to  be  occupied  by  a stand;  provided  that  no  permit 
shall  be  granted,  and  it  is  hereby  made  unlawful  for  any 
person  having  charge  or  control  of  any  job  wagon  to  oc- 
cupy as  a stand  any  portion  of  Washington  Street  between 
the  West  line  of  Second  Street  and  the  East  line  of  Sec- 
ond Avenue,  or  any  portion  of  Central  Avenue  between  the 
North  line  of  Madison  Street  and  the  north  line  of  Van 
Buren  Street;  and  further  provided,  that  nothing  in  this 
section  shall  prevent  the  owner  or  driver  of  any  job  wagon 
from  stopping  at  any  place,  other  than  a public  crossing 
on  any  street,  from  one  sidewalk  to  another  for  the  pur- 
pose of  receiving  or  delivering  any  goods,  wares  or  mer- 
chandise. 

Sec.  123.  (a)  For  the  purpose  of  this  section  a mar- 

ket wagon  shall  be  deemed  a vehicle  used  for  the  convey- 
ance of  firewood,  vegetables,  dairy  or  farm  products  or 
merchandise  for  the  purpose  of  vending  the  same  there- 
from. 

(b)  It  shall  be  unlawful  for  any  person  having 
charge  or  control  of  any  market  wagon  to  occupy  as  a 
stand  for  the  same  any  portion  of  any  street  in  the  City  of 
Phoenix,  except  the  East  side  of  Second  Avenue  between 
Washington  and  Jefferson  Streets;  the  North  side  of  Jef- 
ferson Street  between  First  Avenue  and  Second  Avenue; 
the  West  side  of  First  Avenue  between  Washington  Street 
and  Jefferson  Street;  the  East  side  of  First  Street  be- 
tween Washington  Street  and  Jefferson  Street;  the  North 
side  of  Jefferson  Street  between  First  Street  and  Second 
Avenue;  the'  West  side  of  Second  Street  between  Washing- 
ton Street  and  Jefferson  Street. 

(c)  The  Superintendent  of  Streets  shall  mark  off 

spaces  on  the  streets  in  the  preceding  paragraph  desig- 
nated,   feet  in  width  each  of  which  spaces  shall  be  con- 

sidered a stall  or  stand  for  one  market  wagon,  and  the 
stalls  so  created  shall  be  auctioned  off  to  the  highest  bid- 
der and  the  successful  bidder  shall,  upon  paying  the  sum 
bid  therefor,  to  the  City  Assessor  and  ex-officio  City  Col- 
lector, be  allotted  such  space  as  his  stand  and  shall  use 
the  same,  and  no  other,  for  a period  of  three  months  and 


82 


City  Ordinances 


shall  thereafter  on  the  first  day  of  each  and  every  month  of 
his  occupancy  thereof  pay  to  the  said  City  Assessor  and  ex- 
officio  City  Collector,  the  sum  of  fifty  cents  and  all 
moneys  paid  to,  and  collected  by  the  said  City  Assessor  and 
ex-officio  City  Collector  shall  be  paid  by  him  into  the  City 
Treasury.  Upon  the  payment  of  the  purchase  price  of  a 
stall,  the  said,  the  City  Assessor  and  ex-officio  City  Collec- 
tor, shall  issue  to  the  buyer  a receipt  therefor  which  said 
receipt  shall  be  taken  and  considered  as  a permit  to  oc- 
cupy said  stall  and  no  other  person  shall  use  the  same,  pro- 
vided, however,  that  in  the  event  of  the  failure  of  the  pur- 
chaser of  a stall  to  pay  the  sum  of  fifty  cents  a month  as 
hereinbefore  provided  the  same  shall,  within  ten  days  after 
the  first  day  of  the  month,  be  deemed  vacant  and  it  shall 
be  sold  to  the  highest  bidder  after  notice  of  such  sale  hav- 
ing been  posted  at  such  stall  for  a period  of  at  least  three 
days  prior  to  such  sale. 

(d)  The  Public  Market  hours  shall  be  from  12  o’clock 
midnight  until  12  o’clock  noon,  of  every  business  day,  ex- 
cept Saturdays,  which  said  market  hours  on  Saturdays 
may  continue  to  9 o’clock  P.  M.,  and  it  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  thereat  sell  or  offer 
to  sell,  his  goods,  wares,  and  merchandise,  other  than  during 
the  hours  above  specified. 

(e)  Every  person  using  any  street,  alley  or  public 
place  in  the  City  of  Phoenix  as  a stand  for  a market  wagon 
other  than  the  places  herein  designated,  or  any  person 
using  or  occupying  any  of  the  stalls  herein  provided  with- 
out having  purchased  the  same  or  having  a permit  to  occupy 
a stall,  who  attempts  to,  or  uses  a stall  belonging  to  another 
without  his  permission  in  writing,  shall  be  guilty  of  a mis- 
demeanor and  upon  conviction  thereof,  shall  be  punished  by 
a fine  not  to  exceed  twenty-five  dollars  or  by  imprisonment 
in  the  City  Jail  for  a period  not  to  exceed  twenty-five  days 
or  by  both  such  fine  and  imprisonment,  and  each  and  every 
attempt  to  so  use  a stall  shall  be  a separate  offense. 

(f)  Nothing  in  this  section  contained  shall  be  so  con- 
strued as  to  prevent  a bona  fide  farmer  from  selling  the 
produce  of  his  farm  from  house  to  house  in  the  residence 
districts  of  the  City  of  Phoenix. 

Sec.  124.  When  any  such  peddler,  huckster,  or  owner 
of  any  job  wagon  shall  have  paid  his  quarterly  license',  the 
City  Assessor  and  ex-officio  City  Collector  shall  furnish 
him  with  a card  the  color  of  which  shall  be  determined  by 
the  City  Assessor  and  ex-officio  City  Collector,  bearing  the 
date  in  large  type  of  the  expiration  of  the  quarter  for 


City  of  Phoenix 


83 


which  the  license  has  been  paid  and  such  card  shall  be  dis- 
played upon  the  wagon  during  said  quarter. 

The  term  job  wagon  shall  include  all  vehicles,  includ- 
ing automobiles  used  for  the  conveyance  of  goods,  pack- 
ages, freight,  baggage  or  household  goods  from  place  to 
place  within  the  city  for  hire,  except  vehicles  used  by  the 
merchants  exclusively  for  the  delivery  of  their  wares  to 
customers. 

Any  person  who  shall  violate  the  provisions  of  this  sec- 
tion by  failing  to  display  the  card  on  his  vehicle  as  herein 
provided  shall  be  guilty  of  a misdemeanor. 

Sec.  125  (1)  The  words  and  phrases  used  in  this  sec- 
tion shall,  for  the  purpose  of  this  section,  unless  the  same 
be  contrary  to  or  inconsistent  with  the  text,  be  construed  as 
follows : 

(2)  (a)  “Collection  Agency”  shall  include  every 
person,  firm  or  corporation  carrying  on  a business  of  col- 
lecting debts;  or  purporting  to  be  a debt  collector;  and  who 
carries  on  such  business  for  profit.  A person  regularly 
employed  on  a salary  by  any  person,  firm  or  corporation  to 
collect  for  such  person,  firm  or  corporatian  exclusively 
shall  not  be  held  to  be  a “collection  agency.” 

(b)  “Assignor”  shall  include  every  person,  firm  or 
corporation  to  whom  a debt  is  owning  and  who  places  the 
debt  in  the  hands  of  or  assigns  the  same  to  any  collection 
agency  for  collection. 

(c)  “Debtor”  shall  include  every  person,  firm  or  cor- 
poration owing  a debt  to  any  other  person,  firm  or  cor- 
poration, and  against  whom  a collection  is  held. 

(d)  “City  Collector”  shall  include  the  City  Assessor 
and  ex-officio  City  Collector  of  the  City  of  Phoenix  or  his 
duly  acting  deputy  or  assistant. 

(e)  “Defaulted  claim”  shall  include  any  claim  which 
has  been  collected  by  a collection  agency  from  a debtor  and 
which  has  not  been  by  such  collection  agency  paid  over  to 
the  assignor  thereof  within  thirty  (30)  days  after  the  date 
of  its  collection. 

(3)  Every  collection  agency  is  hereby  placed  under 
the  supervision  of  the  City  Collector,  who  is  hereby  em- 
powered and  authorized  to.  enter  upon  the  premises  and 
examine  the  books  and  accounts  of  any  collection  agency, 
for  the  purpose  of  ascertaining  if  the  business  of  the  said 
agency  is  being  conducted  in  a proper  and  lawful  manner. 

(4)  Every  collection  agency,  before  beginning  business, 
shall  cause  to  be  filed  with  the  City  Collector  an  applica- 
tion for  license,  and  a registration  report  containing  in  ad- 
dition to  such  other  particulars  as  may  be  required  by  the 


84 


City  Ordinances 


said  City  Collector,  the  name  under  which  it  is  proposed  to 
transact  the  business  of  such  collection  agency,  and  the 
name,  residence  and  official  title  of  every  member,  official 
and  stockholder  thereof;  and  with  such  application  shall  be 
deposited  the'  quarterly  license  fee  provided  for  in  sub  Sec- 
tion 5 of  this  section,  together  with  a good  and  sufficient 
bond  in  the  sum  of  Two  Thousand  Dollars  ($2,000.00)  pay- 
able to  the  City  of  Phoenix.  All  such  bonds  shall  be  per- 
sonal or  surety  company  bonds,  and  shall  be  approved  by 
the  City  Manager  of  the  City  of  Phoenix,  and  shall  bind 
the  principals  and  sureties  thereon  to  pay  over  to  the  City 
of  Phoenix,  upon  written  demand  of  the  City  Collector  noti- 
fying said  sureties  and  said  principal  or  either  of  them  that 
the  collection  agency  for  which  such  bond  shall  have  been 
given,  has  defaulted,  the  amount  so  claimed  to  be  so  de- 
faulted. If  such  bond  be  a personal  bond,  there  shall  be 
not  less  than  two  sureties,  and  the  justification  of  said 
surities  shall  aggregate  double  the  amount  of  the  bond. 

Ordinance  186  (5)  The  quarterly  license  fee  shall  be  Two  Dollars 

and  Fifty  Cents  ($2.50)  payable  to  the  City  Collector  at 
his  office  in  advance  on  or  before  the  first  days  of  July, 
October,  January  and  April  of  each  year,  and  the  same 
shall  expire  on  the  last  days  of  September,  December, 
March  and  June,  respectively.  No  license  issued  under  the 
provisions  of  this  ordinance  shall  be  transferable  or  re- 
fundable. 

(6)  Upon  the  filing  of  the  application  and  report 
herein  provided,  the  payment  of  the  license  fee  herein  re- 
quired, and'  the  filing  of  a duly  approved  bond  as  herein 
required,  an  investigation  and  examination  shall  be  made  by 
the  City  Collector  of  the  members,  officers  and  stockholders 
of  such  applicant  collection  agency  and  if  it  be  found  that 
said  collection  agency  or  any  of  its  members,  officers  or 
stockholders,  have  not  at  any  time  defaulted,  then  said  City 
Collector  shall  issue'  and  deliver  to  such  applicant  the 
license  herein  provided  for,  in  such  form  as  may  be  ap- 
proved by  the  City  Commission,  entitling  such  applicant  to 
conduct  the  business  of  collection  agency  for  the  period  in 
such  license  stated,  and  shall  certify  on  the  face  of  such 
license  that  the  collection  agency  therein  mentioned  has 
duly  filed  the'  bond  in  this  section  required.  The  bond 
herein  required  shall  be  continuing  bond,  and  shall  con- 
tinue so  long  as  the  agency  for  which  it  is  given  shall  con- 
tinue to  transact  the  business  by  said  bond  covered,  and  for 
the  full  period  of  the  statutes  of  limitation  in  such  cases 
made  and  provided  respecting  all  transactions  covered  by 
such  bond. 


City  of  Phoenix 


85 


(7)  Each  and  every  collection  agency  shall  on  or  be- 
fore the  1st  day  of  July  of  each  year,  file  with  the  City 
Collector  a statement  of  the  total  amount  of  collections 
made  by  such  agency  during  the  year  ending  June  30th 
next  theretofore,  and  in  said  statement  show  such  item  or 
portion  thereof,  collected  and  retained  for  a period  exceed- 
ing thirty  (30)  days  from  the  date  same  was  collected, 
with  the  reasons,  if  any,  for  such  retention. 

(8)  If,  upon  examination  of  the  applicant  for  license 
or  a renewal  of  license,  it  be  found  that  such  collection 
agency  has  fully  complied  with  all  of  the  requirements  of 
this  section,  and  the  bond  shall  be  and  remain  in  force,  the 
City  Collector  shall  issue  license  or  renew  license  by  the  is- 
suance of  a new  quarterly  license  as  in  the  first  instance 
as  in  sub-Section  6 of  this  section  provided.  If,  however,  it 
be  found  that  the  collection  agency  for  such  license  or  re- 
newal, or  any  member,  officers  or  stockholders,  has  not 
complied  with  the  requirements  of  this  Ordinance  to  the 
satisfaction  of  the  City  Collector,  or  has  theretofore  viol- 
ated this  section,  or  has  without  just  reason  and  cause  de- 
faulted in  the  payments  to  assignors  of  collections  made  by 
such  collection  agency,  then  and'  in  that  event,  no  such 
license  or  renewal  shall  be  granted  and  no  license  or  re- 
newal issued,  and  the  City  Collector  shall  proceed  to  cause 
the  sureties  on  the  bond  of  such  collection  agency  to  pay 
over  a sum  sufficient  to  pay  any  such  defaulted  collections 
at  the  date'  of  such  application,  remaining  unpaid. 

(9)  Every  collection  agency  shall  within  thirty  days 
after  having  collected  a debt  or  any  portion  thereof  due  to 
any  assignor,  file  a statement  of  account  of  such  collection, 
or  portion  thereof,  with  the  assignor  of  the  claim  which,  or 
of  which  a portion,  has  been  collected,  and  shall  at  that 
time  or  at  the  time  when  the  whole  of  such  claim  shall  have 
been  collected,  but  not  to  exceed  sixty  days,  pay  over  to  the 
assignor  the  amount  so  collected,  less  the  agreed  upon  col- 
lection charges. 

(10)  When  proof  has  been  submitted  to  the  City  Col- 
lector by  an  assignor  that  a collection  agency  has  defaulted 
after  written  demand  has  been  made  by  such  assignor  upon 
the  collection  agency  complained  of  for  the  payment  of  such 
assignor  of  money  by  it  collected,  and  due  such  assignor, 
then  the  City  Collector  shall  serve  written  notice  upon  the 
collection  agency  so  complained  of  to  within  five  (5)  days 
after  receipt  by  it  of  such  notice  pay  over  to  such  com- 
plaining assignor  the  money  so  collected  and  due  to  him 
for  this  account,  or  else  show  cause  why  sufficient  of  the 
bond  filed  by  such  collection  agency  should  not  be  forfeited 


86 


City  Ordinances 


to  the  City  of  Phoenix  to  pay  such  defaulted  amount  or 
amounts. 

(11)  After  the  procedure  as  specified  in  the  preceding 
sub-section  has  been  had,  and  the  collection  agency  com- 
plained of  fails  to  appear  or  to  show  good  and  just  cause 
for  default  or  non-payment,  or  it  still  refuses  without  just 
cause  to  pay,  then  and  in  that  event  the  City  Collector 
shall  declare  its  license  revoked  and  of  no  further  effect 
and  all  license  fees  paid  thereon  together  with  sufficient 
of  the  bond  filed  by  such  collection  agency  shall  be  by  order 
of  the  City  Collector,  forfeited  to  the  City  of  Phoenix  and 
to  the  payment  of  such  unpaid  collections  less  the  agreed 
upon  charges,  and  no  such  collection  agency,  nor  any  mem- 
ber, officers  or  stockholders  thereof,  shall  at  any  time  there- 
after, be  permitted  to  do  or  transact  a collection  agency 
business  in  the  City  of  Phoenix.  When,  in  any  instance  in 
this  section  provided,  the  bond  or  any  portion  thereof  shall  be 
ordered  forfeited,  the  City  Collector  shall  immediately  there- 
after serve  written  notice  to  that  effect  upon  one  or  more  of 
the  sureties  upon  such  bond,  and  in  said'  notice  state  the  facts 
of  the  case  and  giving  the  sum  or  sums  so  ordered  forfeited 
and  demanding  of  such  surety  or  sureties  to  pay  the  same 
over  to  the  City  of  Phoenix.  If,  after  the  expiration  of  ten 
days  following  the  receipt  of  such  notice  by  such  surety  or 
sureties,  or  either  of  them,  the  said  sureties  have  not  paid 
over  to  the  City  of  Phoenix  the  sum  or  sums  so  demanded, 
the  City  Attorney,  upon  demand  of  the  City  Collector,  shall 
proceed  in  any  court  of  competent  jurisdiction  by  appropri- 
ate proceedings  to  collect  the  same,  and  all  costs  on  account 
thereof,  including  $50.00  attorney  fee. 

All  moneys  derived  from  the  forfeiture  of  bonds  or  pro- 
ceedings had  thereon,  or  from  license  fees,  under  this  Ordi- 
nance, shall  be  paid  to  the  City  Collector  and  by  him  ac- 
counted for  and  paid  to  the  City  Treasurer. 

(12)  All  moneys  paid  to  the  City  of  Phoenix  for  and 
on  account  of  forfeited  bonds  or  portions  thereof,  not  in- 
cluding costs  or  attorney  fees,  shall  be  payable’  to  the 
proper  parties  by  warrants  drawn  as  other  warrants  of  the 
City  of  Phoenix,  on  the  general  fund,  such  warrants  there- 
for to  be  drawn  only  upon  an  order  therefor  duly  issued  by 
the  City  Collector,  and  the  City  Treasurer  shall  pay  the 
same  and  charge  the  respective  amounts  for  which  such 
warrants  shall  be  drawn  to  the  general  fund  to  which  said 
fund  all  sums  so  forfeited,  together  with  costs  and  attorney 
fees,  under  the  provisions  of  this  Ordinance  collected,  shall 
be  credited. 

(13)  Any  collection  agency,  or  member,  officer  or 


City  of  Phoenix 


87 


stockholder  thereof,  giving*  any  false  or  incomplete  state- 
ment or  information,  or  giving  any  false  or  fictitious  names 
or  amounts  of  transactions,  under  any  requirement  of  this 
section,  or  of  the  City  Collector,  or  violating  any  of  the 
provisions  of  this  section,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a fine 
of  not  more  than  three  hundred  dollars  ($300.00),  or  by  im- 
prisonment in  the  City  Jail  for  a period’  of  not  more  than 
ninety  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  126.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  sell  any  ice  cream,  candy,  chewing  gum, 
fruits,  soda  water,  or  other  articles  of  confectionery  of  any 
kind  or  nature,  from  any  vehicle,  stand  or  other  movable 
or  temporary  contrivance,  or  by  peddling,  within  five  hun- 
dred feet  of  any  public  school  grounds  within  the  City  of 
Phoenix. 

Any  person  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  a sum  of  not  more  than 
twenty-five  dollars  ($25.00),  or  by  imprisonment  in  the 
City  Jail  for  not  more  than  twenty-five  (25)  days  or  by 
both  such  fine  and  imprisonment. 

CHAPTER  VIII. 

GENERAL  PROVISIONS 

Sec.  127.  No  person  answering  to  the  city  court  for 
the  breach  or  violation  of  any  ordinance  of  the  City  of 
Phoenix  shall  be  entitled  to  a trial  by  jury. 

Sec.  128.  The  Chief  of  the  Fire  Department  of  the 
City  of  Phoenix  is  hereby  vested  with  power  to  make  ar 
rests  for  the  disobedience  of,  or  breach  of  any  Ordinance 
of  the  City  of  Phoenix. 

Sec.  129.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  Ordinance  or  of  any  chapter,  section  or 
part  thereof,  or  the  provisions  of  any  Ordinance  of  the'  City 
of  Phoenix  now  in  force  or  hereafter  enacted,  shall  be  guilty 
of  a misdemeanor  and  where  no  other  punishment  is  herein 
or  therein  provided,  shall,  upon  conviction  thereof,  be  pun- 
ished by  a fine  of  not  more  than  three  hundred  dollars  or 
by  imprisonment  in  the  City  Jail  for  not  more  than  six 
months  or  by  both  such  fine  and  imprisonment.  Where  any 
violation  of  any  of  the  provisions  of  this  Ordinance  is  made 
punishable  by  fine  only,  any  person  found  guilty  of  such 
violation  and  sentenced  to  pay  a fine  therefor,  shall  in  de- 
fault of  the  payment  of  such  fine  be  imprisoned  in  the  City 
Jail  until  the  said  fine  be  paid  or  until  such  person  has  re- 


88 


City  Ordinances 


mained  so  imprisoned  for  a term  equal  to  one  day  for  each 
dollar  of  such  fine  imposed. 

Sec.  130.  In  the  construction  of  this  Ordinance  and  of 
all  other  ordinances  in  force'  or  which  may  hereafter  be 
passed  and  adopted,  the  following  rules  shall  be  observed; 
unless  such  construction  would  be  inconsistent  with  the 
manifest  intent  of  the  Commission  or  repugnant  to  the  con- 
text of  the  same  Ordinance. 

(a)  All  general  provisions,  terms,  phrases  and  ex- 
pressions shall  be  liberally  construed  in  order  that  the  true 
intent  and  meaning  of  the  Commission  may  be1  fully  carried 
out. 

(b)  Words  in  the  present  tense  include  the  future. 

(c)  Words  importing  the  singular  number  shall  ex- 
tend and  be  applied  to  several  persons  or  things,  and  words 
importing  the  plural  may  include  the  singular. 

(d)  Words  importing  the  masculine  gender  shall 
include  the  feminine,  and  feminine’  may  include  the  mascu- 
line. 

(5)  The  word  person  or  persons,  as  well  as  words  re- 
ferring to  or  importing  persons,  may  extend  and  be  applied 
to  bodies  corporate  as  well  as  individuals. 


ORDINANCE  NO.  21. 

An  Ordinance  regulating  the  business  of  pawnbroker,  second 

hand  dealers,  junk  dealers  and  junk  collectors. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  For  the  purposes  of  this  ordinance  a “pawn- 
broker” is  defined  to  be  a person,  firm,  association  or  cor- 
poration engaged  in  conducting,  managing  or  carrying  on 
the  business  of  pawnbroking,  or  the  business  of  loaning 
money  for  himself,  or  for  any  other  person,  firm,  association 
or  corporation,  receiving  as  security  for  the  repayment 
thereof  pawns  or  pledges  of  personal  property,  or  the  busi- 
ness of  purchasing  personal  property  and  reselling  or  agree- 
ing to  resell  such  articles  to  vendors,  their  personal  repre- 
sentatives, or  their  assignees,  at  prices  agreed  upon  at  or 
before  the  time  of  such  purchase,  whether  such  business  be 
the  principal  or  sole  business  so  carried  on,  managed  or 
conducted’,  or  be  merely  incidental  to,  in  connection  with  or 
a branch  or  department  of  some  other  business  or  businesses. 

A “pawnshop”  is  defined  to  be  any  room,  store  or  place 
in  which  such  business  is  engaged  in,  carried  on  or  con- 
ducted. 

For  the  purposes  of  this  Ordinance,  a “second-hand 


City  of  Phoenix 


89 


dealer”  is  defined  to  be  a person,  firm,  association  or  cor- 
poration engaged  in,  conducting,  managing  or  carrying  on 
the  business  of  buying,  selling  or  otherwise  dealing  in  sec- 
ond-hand goods,  wares  or  merchandise  or  articles,  whether 
such  business  be  the  principal  or  sole  business  so  carried  on, 
managed,  or  conducted,  or  be  merely  incidental  to,  in  con- 
nection with  or  a branch  or  department  of  some  other  busi- 
ness or  businesses. 

For  the  purposes  of  this  Ordinance,  a “junk  dealer”  is 
defined  to  be  a person,  firm,  association  or  corporation  hav- 
ing a fixed  place  of  business  within  the  City  of  Phoenix, 
and  engaged  in  conducting,  managing  or  carrying  on  the 
business  of  buying,  selling  or  otherwise  dealing  in,  either  at 
wholesale  or  retail,  old  rags,  sacks,  bottles,  cans,  papers, 
metal,  or  other  articles  commonly  known  as  “junk.” 

For  the  purposes  of  this  Ordinance  “junk  collector”  is 
defined  to  be  a person  not  having  a fixed  place  of  business 
in  the  City  of  Phoenix,  who  goes  from  house  to  house  and 
from  place  to  place,  gathering,  collecting,  buying,  selling,  or 
otherwise  dealing  in  any  old  rags,  sacks,  bottles,  cans, 
papers,  metal  or  other  articles  commonly  known  as  “junk.” 

Sec.  2.  It  shall  be  unlawful  for  any  pawnbroker,  or 
any  employee  or  agent  of  any  pawnbroker,  within  the  City  of 
Phoenix,  to  fail,  neglect  or  refuse  to  make  out  and  deliver 
to  the  Chief  of  Police,  within  twenty-four  hours  after  the 
receipt  thereof,  a full,  true  and  complete  report  of  all  goods, 
wares,  merchandise  or  articles  received  on  deposit,  in  pawn 
or  pledge,  or  by  purchase. 

Such  report  shall  show  the  hour  of  the  day  and  the  date 
when  each  article  was  received  on  deposit,  in  pawn  or  pledge, 
or  by  purchase,  and  the  true  name  and  address,  as  nearly  as 
the  same  is  known  to,  or  can  be  ascertained  by,  such  pawn- 
broker, of  such  person  or  persons  by  whom  any  such  goods, 
wares,  merchandise  or  article  was  left  or  deposited,  pawned, 
pledged  or  sold,  together  with  a description  of  such  person, 
which  description  shall  show  the  style  of  dress,  height,  age, 
sex,  complexion,  color  of  hair,  color  of  mustache  or  beard,  or 
both,  if  worn,  and  if  not  worn,  such  fact  shall  be  noted. 
Such  report  shall  also  show  the  number  of  the  pawn  ticket, 
the  amount  loaned  or  paid  thereon,  the  quantity  or  num- 
ber purchased,  and  a complete  description  of  each  article 
so  received,  including  all  distinguishing  marks  thereof. 

Sec.  3.  It  shall  be  unlawful  for  any  second-hand  dealer, 
junk  dealer  or  junk  collector,  or  any  employee  or  agent  of 
any  second-hand  dealer,  junk  dealer  or  junk  collector,  with- 
in the  City  of  Phoenix,  to  fail,  neglect  or  refuse  to  make  out 
and  deliver  to  the  Chief  of  Police,  within  one  week  after 


90 


City  Ordinances 


the  receipt  thereof,  a full,  true  and  complete  report  of  all 
goods,  wares,  merchandise  or  articles  received'  on  deposit,  in 
pawn  or  pledge,  or  by  purchase. 

Such  report  shall  show  the  hour  of  the  day  and  the  date 
when  each  article  was  received  on  deposit,  in  pawn  or 
pledged,  or  by  purchase,  and  the  true  name  and  address,  as 
nearly  as  the  same  is  known  to,  or  can  be  ascertained  by, 
such  second-hand  dealer,  junk  dealer  or  junk  collector,  of 
such  person  or  persons  by  whom  any  such  goods,  wares,  mer- 
chandise or  article  was  left  or  deposited,  pawned,  pledged 
or  sold,  together  with  a description  of  such  person,  or  per- 
sons, which  description  shall  show  the  style  of  dress,  height, 
age,  sex,  complexion,  color  of  hair,  color  of  mustache'  or 
beard,  or  both,  if  same  are  worn,  and  if  neither  is  worn, 
such  fact  shall  be  noted.  Such  report  shall  also  show  the 
amount  loaned  or  paid  thereon,  the  quantity  or  number  pur- 
chased, and  a complete  description  of  each  article  so  re- 
ceived, including  all  distinguising  marks  thereof. 

Sec.  4.  All  reports  required  by  the  provisions  of  this 
Ordinance  to  be  made  out  and  delivered  to  the  Chief  of 
Police,  shall  be  written  or  printed  entirely  in  the  English 
language,  in  a clear  and  legible  manner. 

Sec.  5.  It  shall  be  unlawful  for  any  pawnbroker,  sec- 
ond-hand dealer,  junk  dealer  or  junk  collector  to  deface,  al- 
ter, change,  destroy,  part  with,  conceal,  give  away,  sell  or 
dispose  of  any  goods,  wares,  merchandise  or  article  before 
and  until  one  week  after  making  out  and  delivering  to  the 
Chief  of  Police  the  report  hereinabove  required  in  accord- 
ance with  the  provisions  of  this  Ordinance. 

Sec.  6.  Each  failure,  neglect  or  refusal  to  make  out 
and  deliver  to  the  Chief  of  Police  the  report  in  this  Ordi- 
nance required  to  be  so  made  out  and  delivered,  within  the 
time  herein  required,  and  each  defacement,  alteration, 
change,  destruction,  parting  with,  concealment,  gift,  sale  or 
disposition  of  any  goods,  wares,  merchandise  or  article  be- 
fore or  until  one  week  after  the  making  out  and  delivery  of 
such  report  shall  constitute  a violation  of  this  Ordinance. 

Every  person  violating  any  provision  of  this  Ordinance 
shall  be  guilty  of  a misdemeanor,  and  upon  conviction  there- 
of by  a court  of  competent  jurisdiction,  shall  be  punished  by 
a fine  of  not  more  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  City  Jail  for  a term  of  not  more  than  tw'o  hun- 
dred days,  or  by  both  such  fine  and  imprisonment,  and  the 
license  of  any  pawnbroker,  second-hand  dealer,  junk  dealer 
oi-  junk  collector  may  be  summarily  revoked  by  the  Commis- 
sion for  any  violation  of  the  provisions  of  this  Ordinance 
by  such  pawnbroker,  second-hand  dealer,  junk  dealer  or  junk 


City  of  Phoenix 


91 


collector,  his,  their  or  its  employees  or  agents,  and  upon  any 
such  revocation  of  license,  all  fees  or  taxes  theretofore 
paid  on  account  of  such  license  shall  be  forfeited  to  the  city. 

Sec.  7.  WHEREAS,  the  immediate  operation  of  the 
provisions  of  this  ordinance  is  necessary  for  the  perserva- 
tion  of  the  public  peace,  health  and  safety,  an  emergency  is 
hereby  declared  to  exist  and  this  Ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  by  the  Commis- 
sion ? rid  approval  by  the  Mayor,  and  is  hereby  exempted 
from  the  referendum  clause  of  the  City  Charter. 

Passed'  by  the  Commission  of  the  City  of  Phoenix,  this 
12th  day  of  September,  1914. 

Approved  this  12th  day  of  September,  1914. 

GEO.  U.  YOUNG, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  110. 

An  Ordinance  to  regulate  automobile  garages  and  places 

where  volatile  inflammable  oils  are  stored  and  kept  for 

sale. 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  By  the  term  “Public  or  Commercial  Garage” 
is  meant  a building  or  that  portion  of  a building  wherein 
are  kept  more  than  three  automobiles  or  motor  cars  charged 
with  or  containing  a volatile  inflammable  liquid  for  fuel 
or  power. 

Where  any  portion  of  a building  is  used  for  a garage, 
the  garage  shall  be  deemed  to  embrace  all  of  the  building 
not  separated  from  the  garage  proper  by  standard  fire 
walls.  All  openings  in  such  walls  shall  be  protected  on  both 
sides  by  standard  fire  doors,  constantly  closed  except  when 
necessarily  temporarily  opened  for  passage. 

A private  garage  housing  not  more  than  three  automo- 
biles if  within  fifteen  (15)  feet  of  any  other  building  must 
be  incombustible  material. 

Sec.  2.  By  the  term  “Volatile  Inflammable  Liquid”  is 
meant  any  liquid  that  will  emit  inflammable  vapor  at  a 
temperature  below  eighty  (80)  degrees  Fahrenheit. 

Sec.  3.  No  frame  building  shall  be  used  as  a public  or 
commercial  garage,  and  no  building  exceeding  one  story  in 
height  shall  be  used  as  such  garage  within  the  fire  limits 
unless  it  be  of  fireproof  construction.  No  basement  or  cellar 
shall  be  allowed  under  such  garage,  nor  shall  any  building 


92 


City  Ordinances 


be  used  as  such  garage  unless  the  floor  on  which  automobiles 
containing  volatile  inflammable  liquids  are  stored  shall  be 
of  concrete,  or  other  suitable  non-combustible  material. 

Sec.  4.  No  stove,  forge,  torch,  boiler  or  other  furnace 
and  no  flame  or  fire  shall  be  used  or  allowed  in  any  garage. 
All  electric  dynamos  and  motors  not  actually  part  of  the 
automobile  except  “explosion  proof”  or  fully  enclosed  motors, 
shall  be  located  not  less  than  five  feet  above  the  floor.  All 
incandescent  lights  so  located  as  to  be  exposed  to  mechani- 
cal injury  shall  be  protected  by  approved  wire  guards,  and 
all  arc  lamps  shall  be  so  located  as  to  be  safe  from  mechani- 
cal injury,  and  shall  be  of  the  enclosed  type;  approved  re- 
enforced cord  must  be  used  where  lamps  are  used  for  port- 
able purposes.  Movable  incandescent  lights  in  a garage  shall 
be  protected  by  approved  metal  guards  and  shall  be  fitted 
with  keyless  sockets,  and  all  electric  switches  and  plugs  shall 
be  permanently  located  at  least  five  feet  above  the  floor,  and 
enclosed  in  a fire  proof  cabinet.  The  entire  electrical  equip- 
ment shall  conform  to  the  rules  contained  in  the  latest  edi- 
tion of  the  National  Electrical  Code. 

Sec.  5.  No  volatile  inflammable  liquid  shall  be  kept  or 
carried  in  open  vessels  in  a garage,  and  no  volatile  inflam- 
mable liquid  shall  be  drawn  except  into  approved  safety  cans 
of  a capacity  not  exceeding  five  gallons  each,  and  then,  with 
the  exception  of  liquids  with  flashpoint  about  30  degrees 
Fahrenheit,  only  for  the  purpose  of  immediately  filling  the 
tanks  of  automobiles  contained  in  a garage.  In  lieu  of  the 
above  safety  cans,  portable  filling  tanks,  not  to  exceed  sixty 
(60)  gallons  in  capacity,  may  be  used  for  transporting  vola- 
tile inflammable  liquid  to  and  from  the  storage  tanks  for 
filling  and  charging  the  automobile.  The  said  portable  tanks 
shall  be  supported  on  rubber  tired  wheels  and'  liquids  must 
be  drawn  by  means  of  a tight-fitting  pump.  Hose  attach- 
ment must  not  exceed  ten  feet  in  length,  equipped  at  the 
end  with  a shut-off  valve. 

Sec.  6.  No  volatile  inflammable  liquid  shall  be  allowed 
to  run  upon  the  floor  or  to  fall  or  pass  into  the  drainage 
system  of  a garage,  nor  shall  any  such  liquid  be  put  into  or 
removed  from  the  tanks  of  a vehicle  while  any  light  or  fire 
on  the  same  is  burning. 

Sec.  7.  Where  electric  charging  apparatus  is  installed 
or  placed  in  a public  or  commercial  garage,  all  such  appara- 
tus except  the  wires  leading  to  the  automobiles  to  be 
charged  shall  be  placed  within  a room  separated  from  the 
main  garage  by  fireproof  walls,  which  shall  not  be  inferior 
in  fire-resisting  qualities  to  re-inforced  concrete  construction 
four  inches  in  thickness;  any  openings  from  said  room  into 


City  of  Phoenix 


93 


the  main  garage  shall  be  protected'  by  self-closing  doors,  and 
door  sills  shall  be  raised  at  least  eight  inches  above  the  floor 
level. 

Sec.  8.  No  person  shall  smoke  in  any  garage.  A notice 
in  large  letters  “NO  SMOKING”  shall  be  kept  displayed  in 
a conspicuous  place  and  manner  on  all  floors  and  at  the  en- 
trance of  all  garages. 

Sec.  9.  On  the  floor  of  every  garage  there  shall  be  con- 
stantly kept  and  maintained  convenient  receptacles  filled 
with  sand  to  be  used  in  absorbing  wasted  oils  on  the  floor; 
in  addition  thereto  shall  be  kept  on  every  floor  in  boxes  or 
buckets  provided  with  hand  scoops  to  be  used  for  fire  ex- 
tinguishing purposes  only.  There  shall  be  one  such  box  or 
bucket  for  each  two  thousand  square  feet  of  floor  area  or 
fraction  thereof,  or  in  lieu  of  such  boxes  or  buckets  there 
may  be  maintained  a cart  on  wheels  filled  with  sand,  such 
cart  to  hold  not  less  than  four  cubic  feet  of  sand. 

Sec.  10.  There  shall  be  maintained  at  least  one  chemi- 
cal fire  extinguisher  for  each  two  thousand  square  feet  of 
floor  space  or  fraction  thereof. 

Sec.  11.  Self-closing  metal  cans  set  firmly  on  four-inch 
legs  shall  be  kept  on  all  floors  of  every  garage,  into  which 
all  inflammable  waste  materials  shall  be  deposited  at  all 
times  when  not  in  use,  and  there  shall  be  one  such  can  for 
each  twenty-five  hundred  square  feet  of  floor  area  or  frac- 
tion thereof.  The  contents  of  all  waste  cans  shall  be  re- 
moved from  the  building  daily. 

Sec.  12.  Calcium  carbide  shall  be  kept  in  air-tight 
containers  of  non-combustible  material,  preferably  galvan- 
ized iron  of  not  less  than  18  U.  S.  metal  gauge,  with  bottom 
at  least  six  inches  above  the  floor,  and  having  securely 
fastened  automatic  closing  covers. 

Sec.  13.  All  storage  tanks  to  be  placed  at  least  four 
feet  underground,  tested  to  300  pounds  to  the  square  inch, 
with  vent  pipe  extending  to  top  of  building,  not  placed  in 
building,  etc. 

Sec.  14.  Two  printed  copies  of  this  ordinance  shall  be 
kept  conspicuously  posted  on  each  floor  of  every  public  com- 
mercial garage. 

Sec.  15.  Any  person,  firm,  or  corporation  who  shall 
violate  any  of  the  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a fine  of  not  less  than  five  dollars  ($5) 
nor  more  than  twenty-five  dollars  ($25). 

Sec.  16.  All  Ordinances  or  part  of  Ordinances  in  conflict 
with  the  foregoing  are  hereby  repealed. 


94 


City  Ordinances 


Sec  17.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  thirty  days  after  its  passage  by  the 
Commission  and  its  approval  by  the  Mayor  and  its  posting 
and  publication  as  required  by  the  City  Charter. 

Passed  by  the  City  Commission  of  the  City  of  Phoenix 
this  25th  day  of  January,  1916,  and  approved  by  the  Mayor 
this  25th  day  of  January,  1916. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  136. 

An  Ordinance  relating  to  and  prohibiting  certain  kinds  of 
untrue  and  misleading  advertisements,  public  outcry, 
proclamations  and  conversations,  and  providing  for  pun- 
ishment for  violations  of  this  Ordinance. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoenix,  as 
follows : 

Sec.  1.  Any  person,  persons,  firm  association,  or  cor- 
poration, or  any  employee  thereof,  who  shall  in  any  news- 
paper, magazine,  circular,  form  letter,  or  any  open  publi- 
cation, published,  distributed  or  circulated  in  the  City  of 
Phoenix,  or  any  billboard,  sign,  card,  label,  or  other  adver- 
tising medium,  or  by  means  of  any  electric  sign,  window 
sign,  showcase  display,  or  by  any  advertising  device,  or  pub- 
lic outcry,  proclamation  or  conversation  to  or  with  a consider- 
able number  of  persons,  make  or  disseminate,  or  cause  to  be 
made  or  disseminated,  any  statement  or  assertion  of  fact  in 
relation  to,  modifying,  explaining,  or  in  any  manner  con- 
cerning, any  merchandise  or  other  commodities  offered  for 
sale,  barter,  or  trade,  or  any  services,  professional  or  other- 
wise, offered  to  be  furnished,  which  statement,  advertise- 
ment, outcry,  proclamation  or  conversation  of  fact  takes  the 
form  or  has  the  appearance  of  commending  such  merchan- 
dise, commodity  or  services,  or  which  is  intended  to  commend 
such  merchandise,  commodity  or  services  to  the  public  or  to  a 
considerable  number  of  persons,  and  which  statement,  adver- 
tisement, outcry,  proclamation  or  conversation  is  untrue  in 
any  respect  or  calculated  to  mislead  or  misinform,  shall  be 
deemed  guilty  of  a misdemeanor  and  on  conviction  thereof 
shall  be  punishable  by  a fine  not  exceeding  three  hundred 
($300)  dollars,  or  by  punishment  in  the  City  Jail  for  a time 
not  exceeding  three  (3)  months,  or  by  both  such  fine  and 
imprisonment. 


City  of  Phoenix 


95 


Passed  by  the  Commission  of  the  City  of  Phoenix  this 
9th  day  of  June,  A.  D.  1916. 

Approved  this  9th  day  of  June,  A.  D.  1916. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  143. 

An  Ordinance  requiring  permits  to  be  procured  from  the 
City  Health  Officer  by  any  person,  firm  or  corporation, 
keeping  or  causing  to  be  kept  any  hospital,  sanitarium, 
hotel,  boarding-house,  rooming  house  or  any  other  place 
at  which  any  person  or  persons  suffering  from  pul- 
monary tuberculosis  is  or  are  housed,  lodged,  roomed  or 
boarded  within  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  DEFINITION  OF  PULMONARY  TUBER- 
CULOSIS: For  the  purposes  of  this  Ordinance,  no  person 

shall  be  considered  as  suffering  from  pulmonary  tuberculosis 
whose  sputum  for  three  successive  examinations,  not  less 
than  four  days  apart,  shall  be  free  from  tubercle  bacilli. 

Sec.  2.  PERMIT  REQUIRED  FOR  HOUSING  AND 
LODGING  PERSONS  SUFFERING  FROM  TUBERCULO- 
SIS: No  person,  association  of  persons,  firm,  or  corpora- 

tion shall  keep,  or  cause  to  be  kept,  any  hospital,  sanitarium, 
hotel,  boarding  house,  rooming  house,  or  any  other  place  at 
which  any  person  or  persons  suffering  from  pulmonary  tu- 
berculosis is  or  are  housed,  lodged,  roomed  or  boarded  within 
the  corporate  limits  of  the  City  of  Phoenix,  without  having 
first  obtained  a permit  as  hereinafter  provided,  to  keep,  or 
cause  to  be  kept,  such  hospital,  sanitarium  hotel,  boarding 
house,  rooming  house,  or  other  place. 

Sec.  3.  PLACES  ESTABLISHED  WHEN  ORDI- 
NANCE BECOMES  EFFECTIVE,  SHALL  HAVE  10 
DAYS  TO  PROCURE  PERMIT:  Any  person,  association 

of  persons,  firm  or  corporation  already  keeping,  or  causing 
to  be  kept,  such  place  or  places  defined  in  Section  2 of  this 
Ordinance,  shall  have  10  days  only,  after  this  Ordinance  be- 
comes effective,  within  which  to  apply  for  and  obtain  the 
permit  herein  provided  for. 

Sec.  4.  WRITTEN  APPLICATION  FOR  PERMIT 
MUST  BE  MADE,  ITS  PARTICULARS:  Any  person,  as- 

sociation of  persons,  firm  or  corporation  hereafter  desiring 
to  keep,  or  cause  to  be  kept,  any  place  or  places,  such  as  de- 


96 


City  Ordinances 


fined  in  Section  2 of  this  Ordinance,  or  who  may  be  keeping, 
or  causing  to  be  kept,  any  such  place  or  places  when  this 
Ordinance  becomes  effective,  shall  make  application  in  writ- 
ing therefor  to  the  City  Health  Officer  setting  out  in  the 
said  application  specifically  the  location  of  the’  property  in 
which  each  such  place  is  kept  or  is  caused  to  be  kept,  or  is 
intended  to  be  kept  or  caused  to  be  kept,  together  with  the 
name  and  resident  address  of  the  owner  or  proprietors  there- 
of; which  application  shall  also  contain  an  agreement  that 
all  the  premises  in  which  such  place  or  places  is  or  are  ac- 
tually kept,  or  is  or  are  proposed  to  be  kept  may  at  any  and 
all  times  be  inspected  by  the  City  Health  Officer  of  this 
city,  or  any  officer  in  the  Health  Department  of  this  city, 
who  may  be  thereunto  duly  authorized  by  the  City  Health 
Officer  of  this  city;  and  that  such  applicant  will  comply 
with  and  obey  all  rules  and  regulations  made  by  the  Board 
of  Health  of  the  City  of  Phoenix  pertaining  to  the  subject 
of  this  Ordinance. 

Sec.  5.  PERMITS  MAY  BE  REFUSED  OR  GRANT- 
ED BY  THE  CITY  HEALTH  OFFICER.  PROCEDURE: 
The  City  Health  Officer  shall  examine  into  the  facts  of 
such  applications  and  shall  grant  or  refuse  any  of  such  ap- 
plications for  permits,  as,  in  his  discretion  may  seem  for  the 
best  interests  of  the  public. 

Sec.  6.  LIFE  OF  PERMIT  ONE  YEAR  AND  NON- 
TRANSFERABLE : The  permits  issued  under  the  provi- 

sions of  this  ordinance  shall  endure  for  one  year  only,  and 
shall  begin  on  the  1st  day  of  July  and  shall  expire  on  the 
30th  day  of  June,  and  such  permits  shall  be  nontransferable. 

Sec.  7.  APPLICATIONS  FOR  NEW  PERMITS; 
SAME  PROCEDURE : Applications  for  new  permits  shall 

be  made  in  like  manner  and  under  the  same  conditions  as 
those'  made  for  the  original  or  first  permit. 

Sec.  8.  PLACES  HAVING  PERMITS  MUST  AD- 
VERTISE AS  TAKING  PERSONS  SUFFERING  FROM 
TUBERCULOSIS:  No  person,  association  of  persons,  firm 

or  corporation,  being  granted  and  accepting  the  permit 
hereinbefore  provided  for,  shall  hold  himself,  themselves  or 
itself  out  at  any  time  as  housing,  lodging,  rooming  or  board- 
ing only  persons  of  sound  health,  but  on  the  contrary  it  shall 
be  their  several  duty  to  advertise  and  hold  themselves  out  at 
all  times  as  housing,  lodging,  rooming,  or  boarding  persons 
suffering  from  pulmonary  tuberculosis,  provided  that 
keepers  of  hotels  that  receive  persons  suffering  from  pulmo- 
nary turberculosis  as  transient  guests  only  may,  upon  a suf- 
ficient showing  to  that  effect,  be  relieved  of  the  duty  of 
advertising  as  above  provided  by  the  City  Health  Officer. 


City  of  Phoenix 


97 


Section  9.  LIST  OF  PERSONS  HAVING  PERMITS 
TO  BE  POSTED  FOR  PUBLIC  INSPECTION:  The  Board 
of  Health  of  this  city  shall  keep  a complete  list  of  all  per- 
sons, associations,  firms  and  corporations  securing  permits 
as  in  this  ordinance  provided,  and  such  list  shall  be  posted 
in  a conspicuous  place  in  the  office  of  the  Health  Depart- 
ment of  this  City,  and  such  list  shall  be  subject  to  public 
inspection  at  all  times  during  office  hours. 

Sec.  10.  UNLAWFUL  TO  MAKE  FALSE  STATE- 
MENTS TO  GET  LODGING  FOR  PERSONS  SUFFERING 
FROM  TUBERCULOSIS:  It  shall  be  unlawful  for  any 

person  suffering  from  pulmonary  tuberculosis  to  make  per- 
sonally, or  through  any  person  acting  for  him,  and  it  shall 
likeise  be  unlawful  for  any  person  acting  for  another,  to 
make  any  false  statement  or  representations  for  the  purpose 
of  concealing  the  facts  of  such  disease,  and  whereby  such  per- 
son suffering  from  pulmonary  tuberculosis  gains  lodgment, 
room,  or  board  in  any  hospital,  sanatarium,  hotel,  boarding 
house,  rooming  house,  or  any  other  place  not  kept,  or  caused 
to  be  kept  under  the  authority  of  the  permit  hereinbefore 
provided  for. 

Sec.  11.  UNLAWFUL  TO  TAKE  PERSONS  SUF- 
FERING FROM  TUBERCULOSIS  EXCEPT  AT  PLACES 
HAVING  PERMITS:  It  shall  be  unlawful  for  any  person, 

association  of  persons,  firm  or  corporation,  keeping  or  caus- 
ing to  be  kept,  any  hospital,  sanatarium,  hotel,  boarding 
house,  rooming  house,  or  any  other  place  without  having  the 
permit  herein  provided  for,  or  for  any  person  acting  for  him, 
or  room  any  person  suffering  from  pulmonary  tuberculosis. 

Sec.  12.  PENALTY,  FINE:  Any  person,  association 

of  persons,  firm  or  corporation  violating  or  failing  to  com- 
ply with  any  of  the  provisions  of  this  Ordinance  hereinbefore 
set  out  shall  be  guilty  of  a misdemeanor  and  be  fined  in  any 
sum  of  money  not  more  than  $200.00,  and  each  day’s  viola- 
tion of  or  failure  to  comply  with  any  of  the  provisions  of 
this  Ordinance  hereinbefore  set  out  shall  constitute'  a separ- 
ate and  distinct  offense. 

Sec.  13.  PENALTY,  FORFEITURE  OF  PERMIT: 
The  conviction  of  any  person,  association  of  persons,  firm  or 
corporation  for  a failure  to  comply  with  or  for  a violation  of 
any  part  of  the  provisions  of  this  Ordinance  shall  immedi- 
ately and  automatically  work  a forfeiture  of  such  permit 
granted  to  him,  them  or  it.  And  if  such  conviction  be  of  any 
agent,  servant,  or  employee  of  such  persons,  association  of 
persons,  firm  or  corporation,  then,  nevertheless,  such  permit 
granted  to  him,  them  or  it  shall  in  like  manner  be  forfeited. 


98 


City  Ordinances 


Sec.  14.  RULES  AND  REGULATIONS:  The  Board 

of  Health  may  make  all  reasonable’  rules  and  regulations 
pertaining  to  the  granting  of  the  permits  herein  provided 
for  and  the  conditions  under  which  such  permits  may  be  ex- 
ercised. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
14th  day  of  July,  1916. 

Approved  this  14th  day  of  July,  1916. 

PETER  CORPSTEIN, 
Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  144. 

An  Ordinance  authorizing  the  City  Health  Officer  to  destroy 
animals  when  he  has  reason  to  believe  such  animals  are' 
suffering  from  rabies. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

That  the  City  Health  Officer  is  hereby  authorized  to 
seize  and  destroy  or  cause  to  be  seized  and  destroyed  any 
animal  found  within  the  city  that  may,  in  his  judgment,  ex- 
hibit symptoms  indicating  that  such  animal  is  suffering 
from  the  rabies  or  that  may  have  bitten  any  person  under 
circumstances  that  may  cause  said  Health  Officer  to  suspect 
that  such  animal  is  suffering  from  said  disease. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
14th  day  of  July,  1916. 

Approved  this  14th  day  of  July,  1916. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  145. 

An  Ordinance  prohibiting  smoking  and  the  use  of  matches  in 
theaters,  automobile  and  motorcycle  machine  and  repair 
shops,  providing  for  the  posting  of  “No  Smoking  Signs/’ 
and  providing  penalties  for  violations  thereof. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  ignite 
or  smoke  any  cigar,  pipe  or  cigarette,  or  to  ignite  any 
match  in  any  theater  in  the  City  of  Phoenix  during  the 
course  of  any  performance,  entertainment  or  amusement,  or 


City  of  Phoenix 


99 


at  any  time  when  such  theater  is  occupied  by  any  number  of 
the  public. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  either  owner, 
employee,  customer  or  any  other  person  whatsoever,  to  ignite 
or  to  smoke  any  cigar,  pipe  or  cigarette,  or  to  ignite  any 
match  in  any  automobile  or  motorcycle  machine  or  repair 
shop  within  the  City  of  Phoenix. 

Sec.  3.  Every  person  having  the  management,  charge 
or  control  of  any  automobile  or  motorcycle  machine  or  re- 
pair shop  within  the  City  of  Phoenix,  shall  post  at  each  en- 
trance thereto  and  in  at  least  one  conspicuous  place  therein, 
a sign  in  letters  not  less  than  one  inch  in  height  advising 
the  public  of  the  prohibition  against  smoking  in  such  places 
and  of  the  penalty  herein  provided'. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  guilty  of  a misdemeanor  and  upon 
conviction  thereof,  shall  be  punished  by  a fine  of  not  more 
than  fifty  dollars  or  by  imprisonment  in  the  City  Jail  for  a 
period  not  to  exceed  thirty  days  or  by  both  such  fine  and 
imprisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
14th  day  of  July,  1916. 

Approved  this  14th  day  of  July,  1916. 

PETER  CORPSTEIN, 
Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  160. 

An  Ordinance  for  the  prevention  of  fornication,  adultry  and 
other  immoral  practices,  providing  a penalty,  with  an 
emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or  per- 
sons to  occupy  any  room  or  premises  within  the  City  of 
Phoenix  for  the  purposes  of  fornication  or  adultry. 

Sec.  2.  Any  person  occupying  any  room  or  premises 
within  the  City  of  Phoenix  who  shall  permit  any  person  of 
the  opposite  sex  to  occupy  said  room  or  premises  and  there 
indecently  expose  his  or  her  person,  or  any  part  thereof, 
in  such  manner  as  to  be  reasonably  calculated  to  excite  the 
sexual  passion  of  the  other  or  either  of  them,  shall  be  guilty 
of  a misdemeanor;  provided,  however,  that  nothing  in  this 


100 


City  Ordinances 


section  contained  shall  be  construed  to  apply  to  husband 
and  wife. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of 
this  ordinance  shall  be  guilty  of  a misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a fine  not  to  exceed 
One  Hundred  Dollars,  or  by  imprisonment  in  the  City  Jail 
for  a period  not  to  exceed  100  days,  or  by  both  such  fine 
and  imprisonment. 

Sec.  4.  Whereas,  there  is  at  this  time  no  law  of  the 
State  of  Arizona,  or  ordinance  of  the  City  of  Phoenix  pro- 
hibiting fornication  and  similar  immoral  practices,  and 

Whereas,  by  reason  of  such  omission  such  practices  are 
becoming  prevalent  within  the  City  of  Phoenix, 

Whereas,  it  is  necessary  to  the  public  peace,  health  and 
safety  of  the  City  of  Phoenix  that  such  law  become  imme- 
diately effective; 

Now  Therefore,  an  emergency  is  hereby  declared  to  ex- 
ist and  this  Ordinance  is  hereby  exempted  from  the  provi- 
sions of  the  referendum  and  shall  become  effective  immedi- 
ately upon  its  passage  by  the  Commission,  approval  by  the 
Mayor  and  posting  and  publication  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
18th  day  of  October,  1916. 

Approved  this  18th  day  of  October,  1916. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  163. 

An  Ordinance  prohibiting  loitering,  picketing  or  displaying 
banners,  signs  or  transparencies,  or  speaking  in  the 
public  streets  in  a loud  or  unusual  tone,  for  certain 
purposes. 

WHEREAS,  it  is  in  the  interest  of  the  peace  and  good 
order  of  the  people  of  Phoenix  that  the'  streets  of  the  city 
be  kept  free  and  unobstructed  to  the  public  and  that  as  far 
as  may  be  possible  no  use  of  the  streets  should  be  permitted 
that  tends  to  create  disorder  or  to  offend,  embarass  or  intim- 
idate persons  using  the  same  for  lawful  and  proper  pur- 
poses, and 

WHEREAS,  in  regulating  the  use  of  the  public  streets 
the  interest  of  the  general  public  must  be  regarded  as  para- 
mount to  those  of  individuals,  groups  of  individuals,  or  or- 
ganizations representing  special  interests  however  lawful 
and  commendable  in  object  and  purpose, 


City  of  Phoenix 


101 


NOW,  THEREFORE,  be  it  ordained  by  the  Commission 
of  the  City  of  Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  in  or 
upon  any  public  street,  alley  or  public  place  within  the'  City 
of  Phoenix,  to  make  any  loud  or  unusual  noise,  or  to  speak 
in  a loud  or  unusual  tone,  or  to  cry  out  or  proclaim,  for  the 
purpose  of  inducing  or  influencing,  or  attempting  to  induce 
or  influence,  any  person  to  refrain  from  purchasing  or  using 
any  goods,  wares,  merchandise  or  other  article  or  articles, 
or  for  the  purpose  of  inducing  or  influencing,  or  attempting 
to  induce  or  influence,  any  person  to  refrain  from  doing  or 
performing  any  service  or  labor  in  any  works,  factory,  place 
of  business  or  employment,  or  for  the  purpose  of  intimidat- 
ing, threatening  or  coercing  any  person  who  is  performing, 
seeking  or  obtaining  service  or  labor  or  employment  in  any 
works,  factory,' place  of  business  or  employment. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  in  or 
upon  any  public  street,  alley  or  public  place  within  the  City 
of  Phoenix,  to  loiter  in  front  of,  or  in  the  vicinity  of,  or  to 
picket  in  front  of,  or  in  the  vicinity  of,  or  to  carry,  show  or 
display  any  banner,  transparency  or  sign  in  front  of,  or  in, 
the  vicinity  of,  any  works,  factory,  or  any  place  of  business 
or  employment,  for  the  purpose  of  inducing  or  influencing, 
or  attempting  to  induce  or  influence,  any  person  to  refrain 
from  entering  any  such  works  or  factory  or  place  of  busi- 
ness or  employment,  or  for  the  purpose  of  inducing  or  in- 
fluencing, or  attempting  to  induce  or  influence',  any  per- 
son to  refrain  from  purchasing  or  using  any  goods,  wares, 
merchandise  or  other  articles,  manufactured,  made  or  sold 
or  kept  for  sale,  therein,  or  for  the  purpose  of  inducing  or 
influencing  or  attempting  to  induce  or  influence,  any  per- 
son to  refrain  from  doing  or  performing  any  service  or 
labor  in  any  works,  factory  or  place  of  business  or  employ- 
ment, or  for  the  purpose  of  intimidating,  threatening  or  co- 
ercing any  person  who  is  performing,  seeking  or  obtaining, 
service,  labor  or  employment  in  any  such  works,  factory, 
place  of  business  or  employment. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a fine  of 
not  more  than  One  Hundred  ($100)  Dollars,  or  by  im- 
prisonment in  the  City  Jail  for  a period  of  not  more  than 
fifty  (50)  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  4.  WHEREAS,  the  immediate  operation  of  the 
provisions  of  this  ordinance  is  necessary  for  the  preserva- 
tion of  the  public  peace,  health  and  safety,  an  emergency  is 


102 


City  Ordinances 


hereby  declared  to  exist  and  this  Ordinance  shall  be  in 
full  force  and  effect  from  and  after  its  passage  by  the 
Commission  and  approval  by  the  Mayor,  and  is  hereby  ex- 
empted from  the  referendum  provision  of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
22nd  day  of  November,  1916. 

Approved  this  22nd  day  of  November,  1916. 

PETER  CORPSTEIN, 
Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  185. 

An  Ordinance  to  prevent  the  defacement  and  mutilation  of 

books,  papers,  periodicals,  furniture,  fixtures  and  other 

property  of  public  libraries  and  public  buildings  of  the 

City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  mar, 
deface,  mutilate  or  in  any  wise  injure  any  book,  paper, 
periodical  or  newspaper,  the  property  of  or  contained  in 
any  Public  Library,  or  to  mar,  deface,  mutilate  or  in  any 
wise  injure  any  property,  real  or  personal,  or  any  furni- 
ture or  fixture  contained  in  any  public  building  of  the  City 
of  Phoenix. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a fine  of 
not  to  exceed  Twenty-five  Dollars,  or  by  imprisonment  in 
the  City  Jail  for  a period  not  to  exceed  Twenty-five'  days, 
or  by  both  such  fine  and  imprisonment. 

Sec.  3.  WHEREAS,  at  frequent  instances  of  mutila- 
tion and  defacement  of  books,  papers,  periodicals  contained 
in  the  Phoenix  Carnegie  Library  and  of  mutilation  and  de- 
facement of  other  public  property  of  the  City  of  Phoenix 
have  occurred,  and, 

WHEREAS,  there  is  no  adequate  provision  of  law  for 
the  prevention  of  such  occurrences  and  for  the  punish- 
ment of  the  parties  guilty  thereof,  and, 

WHEREAS,  it  is  necessary  to  the  public  health,  peace 
and  safety  of  the  City  of  Phoenix  that  this  Ordinance  be- 
come immediately  effective,  NOW  THEREFORE, 

AN  EMERGENCY  is  hereby  declared  to  exist  and  this 
Ordinance  shall  be  exempted  from  the  provisions  of  the 


City  of  Phoenix 


103 


referendum  and'  shall  be  in  full  force  and  effect  from  and 
after  its  passage  by  the  Commission  of  the  City  of  Phoenix, 
approval  by  the  Mayor  and  publication  and  posting  as  re- 
quired by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
25th  day  of  April,  1917. 

Approved  this  25th  day  of  April,  1917. 

PETER  CORPSTETN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  187. 

An  Ordinance  prohibiting  the  receiving,  growing,  selling, 
giving,  possession  or  use  of  “Cannibas  Indica”  or 
“Marihuana”  and  providing  penalty  with  an  emergency 
clause. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  within 
the  City  of  Phoenix  to  receive  from  any  source  whatever, 
or  to  grow,  sell,  give  away,  possess  or  use,  for  any  purpose 
“Cannibas  Indica”  or  “Marihuana;”  Provided,  however, 
that  it  shall  not  be  unlawful  for  Licentiates  in  Pharmacy 
and  owners  of  drug  stores  to  keep  the  same  for  use  in 
physicians’  prescription,  but  not  otherwise. 

Sec.  2.  Every  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction,  shall  be  imprisoned  in  the  City  Jail  for  a 
period  not  to  exceed  six  months  and  shall  be  fined  in  a 
sum  not  less  than  ten  dollars  nor  more  than  three  hun- 
dred dollars. 

Sec.  3.  WHEREAS,  the  use  of  Cannibas  Indica  or 
Marihuana  is  becoming  prevalent  among  a certain  class  of 
the  inhabitants  of  the  City  of  Phoenix,  and, 

WHEREAS,  the  use  of  said  drug  tends  to  cause  insan- 
ity and  render  the  user  thereof  a menace  to  the  public 
peace  and  safety,  and', 

WHEREAS,  it  is  necessary  therefore  to  the  peace, 
health  and  safety  of  the  City  of  Phoenix  that  this  Ordi- 
nance become  immediately  effective; 

NOW,  THEREFORE,  an  emergency  is  hereby  declared 
to  exist  and  this  Ordinance  shall  be  exempt  from  the  pro- 
visions of  the  referendum  and  shall  be  in  full  force  and 
effect  from  and  after  its  passage  by  the  Commission,  ap- 


104 


City  Ordinances 


proval  by  the  Mayor  and  posting  and  publication  as  pro- 
vided by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
16th  day  of  May,  1917. 

Approved  this  16th  day  of  May,  1917. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  188. 

An  Ordinance  regulating  the  sale  of  arms,  ammunition  and 
explosives  within  the  City  of  Phoenix,  prescribing  the 
duties  of  dealers  in  such  commodities;  fixing  penalties 
for  the  violation  thereof  with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  Every  person,  firm  or  corporation  dealing- 
in  arms,  ammunition  or  explosives,  or  either  of  them,  shall 
register  as  such  dealer  in  a book  to  be  kept  by  the  Chief 
of  Police  for  that  purpose  in  which  said  book  shall  be  writ- 
ten the  name  of  such  dealer,  the  character  of  his  business 
and  the  street  and  number  at  which  such  business  is  located 
and  carried  on. 

Sec.  2.  Every  such  dealer  shall,  within  ten  days  from 
the  date  of  the  passage  of  this  Ordinance,  furnish  in . writ- 
ing to  the  Chief  of  Police  a complete  inventory  of  all  arms, 
ammunition  and  explosives  either  owned  by  him  or  in  his 
possession  or  under  his  control ; provided,  however,  that  it 
shall  not  be  necessary  to  include  in  such  inventory  shot- 
guns and  shotgun  ammunition  loaded  with  shot  not  greater 
in  size  than  number  four  shot,  or  pistols  and  rifles  and  am- 
munition therefor  of  twenty-two  or  lesser  calibre. 

Sec.  3.  Every  such  dealer  shall,  in  addition  to  the  in- 
ventory herein  provided  for,  keep  a register  in  which  he 
shall  enter  all  sales  of  arms,  ammunition  and  explosives  as 
enumerated  in  Section  2 of  this  Ordinance  and  not  excepted 
therefrom,  made  by  him  or  by  his  employees,  agents,  serv- 
ants or  officers.  He  shall  also  enter  in  such  register  the 
name,  nationality  and  address  of  the  purchaser  together 
with  the  kind  and  calibre  of  the  arms,  ammunition  and  ex- 
plosives sold  and  delivered  to  such  purchaser.  Such  regis- 
ter shall  at  all  times  be  open  to  inspection  by  the  Chief  of 
Police  or  any  police  officer  of  the  city. 

Sec.  4.  Every  such  dealer  shall  report  to  the  Chief  of 
Police  any  and  all  shipments  of  arms,  ammunition  and  ex- 


City  of  Phoenix 


105 


plosives,  as  enumerated  in  Section  2 of  this  Ordinance  and 
not  excepted  therefrom,  made  from  his  place  of  business. 
Such  report  shall  be  made  immediately  upon  the  departure 
of  such  shipment  from  such  place  of  business. 

Sec.  5.  Any  person,  firm  or  corporation  violating  any 
of  the  provisions  of  this  Ordinance  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  punished  by  a 
fine  of  not  more  than  three'  hundred  dollars  or  by  imprison- 
ment in  the  City  Jail  for  a period  not  to  exceed  ninety 
days  or  by  both  such  fine  and  imprisonment. 

Sec.  6.  WHEREAS,  a state  of  war  exists  between  the 
United  States  and  certain  countries,  and, 

WHEREAS,  there  are  resident  within  this  city,  county 
and  State  many  alien  enemies,  and', 

WHEREAS,  by  reason  of  said  facts  it  is  necessary  to 
the  preservation  of  the  public  peace,  health  and  safety  that 
proper  regulations  be  adopted  and  enforced  to  regulate  the 
sale  and  distribution  of  fire  arms,  ammunition  and  explo- 
sives in  order  that  the  same  may  not  come  into  the  hands 
of  our  enemies,  NOW  THEREFORE, 

AN  EMERGENCY  is  hereby  declared  to  exist  and  this 
Ordinance  is  hereby  exempted  from  the  provisions  of  the  ref- 
erendum and  shall  be  in  full  force  and  effect  from  and 
after  its  passage  by  the  Commission,  approval  by  the 
Mayor  and  posting  and  publication  as  provided  by  law. 

Passed  by  the  Commission  this  13th  day  of  June,  1917. 
Approved  this  13th  day  of  June,  1917. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  189. 

An  Ordinance  providing  for  the  establishment  and  mainten- 
ance of  benches  in  the  City  Hall  Park  for  the'  exclu- 
sive use  of  women  and  children  and  providing  a pen- 
alty for  violations  thereof. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  That  the  City  Manager  be  and  he  hereby  is 
authorized  to  establish  and  maintain,  in  the  City  Hall 
Plaza,  benches  for  the  use  of  women  and  children  only. 
Such  benches  shall  have  painted  on  them  in  large  letters 
the  following  legend: 

“FOR  THE  USE  OF  WOMEN  AND  CHILDREN  ONLY” 


106 


City  Ordinances 


and  it  shall  be  unlawful  for  any  person,  other  than  a 
woman  or  child  to  use  or  occupy  such  bench  or  benches. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a fine  not 
to  exceed  five  dollars  or  by  imprisonment  in  the  City  Jail 
for  a period  not  to  exceed  five  days  or  by  both  such  fine 
and  imprisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
27th  day  of  June,  1917. 

Approved  this  27th  day  of  June,  1917. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  200. 

An  Ordinance  providing  for  the  parole  of  persons  under 

sentence'  of  imprisonment  in  the  City  Jail. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  The  Mayor,  upon  the  recommendation  of 
the  City  Magistrate  and  City  Attorney,  may  grant  a parole, 
upon  such  terms  and  conditions  as  he  may  impose,  to  any 
person  confined  in  the  City  Jail,  or  who  may  hereafter  be 
confined  in  the  City  Jail,  under  sentence  of  imprisonment 
for  a term  of  not  less  than  ten  days  for  the  violation  of 
any  City  Ordinance; 

Provided,  however,  that  no  such  parole  shall  be  granted 
until  the  prisoner  shall  have  served  not  less  than  five  days’ 
imprisonment;  and, 

Provided,  further,  that  the  granting  of  any  such 
parole,  the  reasons  therefor,  and  the  terms  imposed,  and 
conditions  shall  be  made  a public  record  in  the  office  of 
the  City  Clerk. 

Sec.  2.  WHEREAS,  in  the  judgment  of  the  Commis- 
sion, a system  of  paroles  is  essential  to  the  proper  adminis- 
tration of  the  criminal  law  of  the  city  and  its  immediate 
adoption  essential  to  the  good,  order,  peace,  safety  and  wel- 
fare of  the  city  an  emergency  is  hereby  declared  to  exist 
and  this  Ordinance  is  hereby  exempted  from  the  referen- 
dum provisions  of  the  City  Charter  and  is  made  to  take  ef- 
fect from  and  after  its  passage  and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
24th  day  of  September,  1917. 


City  of  Phoenix 


107 


Approved  this  24th  day  of  September,  1917. 

JAMES  A.  JONES, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  203. 

Ap  Ordinance  prohibiting  circuses,  menageries,  dog  or  pony 
shows  or  exhibitions  or  any  street  carnival  from  ob- 
taining licenses  or  from  exhibiting  or  giving  or  con- 
ducting any  show,  exhibition  or  parade  within  the  cor- 
porate limits  of  the  city  during  the  thirty  days  next 
preceding  the  State  Fair  and  during  the  week  of  the 
State  Fair. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  That  for  and  during  the  period  of  thirty 
days  next  preceding  the  opening  of  the  State  Fair  and  dur- 
ing the  week  when  such  fair  is  held  no  license  shall  be  is- 
sued to  any  person,  firm  association  or  corporation  owning, 
maintaining  or  conducting  any  circus,  menagerie,  dog  or 
pony  show  or  any  show  of  trained  animals  exclusively  or 
any  street  carnival  or  any  like  show  or  exhibition  within 
the  corporate  limits  of  the  City  of  Phoenix,  and  no  such 
firm,  person,  association  or  corporation  shall  during  said 
perid  of  thirty  days  give,  produce  or  conduct  any  such 
show,  exhibition  or  parade  within  the  corporate  limits  of  the 
city. 

Sec.  2.  Any  person,  firm,  association  or  corporation 
who  shall  give  or  conduct  during  said  period  provided  for 
in  Section  1 of  this  Ordinance  within  the  corporate  limits  of 
the  City  of  Phoenix,  any  such  show,  exhibition  or  parade 
shall  be  punishable  by  a fine  of  not  more  than  Two  Hun- 
dred Dollars  ($200.00)  or  by  imprisonment  in  the  City  Jail 
for  a term  of  not  more  than  ninety  days  or  by  both  said 
fine  and  imprisonment  and  each  performance,  exhibition  or 
parade  shall  be  deemed  a separate  offense. 

Sec.  3.  Ordinance  No.  153  New  Series  of  the  City  of 
Phoenix  and  all  Ordinances  or  parts  of  Ordinances  in  con- 
flict herewith  are  hereby  repealed. 

Sec.  4.  WHEREAS,  it  is  necessary  for  the  public 
peace,  health  and  safety  that  some  provision  be  made  re- 
stricting the  conducting  of  various  amusements  during  fair 
week,  and  for  thirty  days  previous  thereto. 

AN  EMERGENCY  is  hereby  declared  to  exist  and  this 
Ordinance  shall  be  in  full  force  and  effect  from  and  after 


108 


City  Ordinances 


its  passage  by  the  Commission,  approval  by  the  Mayor  and 
posting  and  publication  as  required  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
17th  day  of  October,  1917. 

Approved  this  17th  day  of  October,  1917. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  211. 

An  Ordinance  making  it  unlawful  to  burn  any  rubbish, 
grass,  weeds,  brush,  paper  or  other  combustible  ma- 
terial in  the  City  of  Phoenix  without  a permit  from 
the  Chief  of  the  Fire  Department  and  repealing  Ordi- 
nance No.  146  New  Series  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to 
ignite  any  rubbish,  grass,  weeds,  brush,  paper  or  other 
combustible  material  upon  any  street,  alley,  lot  or  premises 
within  the  corporate  limits  of  the  City  of  Phoenix  unless 
such  person  shall  first  apply  for  and  receive  permission 
from  the  Chief  of  the  Phoenix  Fire  Department  so  to  do. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of 
this  Ordinance  shall  be  guilty  of  a misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a fine  of  not  more 
than  Fifty  Dollars  or  by  imprisonment  in  the  City  Jail  for 
a period  not  to  exceed  thirty  days  or  by  both  such  fine  and 
imprisonment. 

Sec.  3.  Ordinance  No.  146,  New  Series  of  the  City  of 
Phoenix  entitled  “An  Ordinance  making  it  unlawful  to 
burn  any  rubbish,  grass,  weeds,  brush,  paper  or  other  com- 
bustible in  the  City  of  Phoenix  without  a permit  from  the 
Chief  of  the  Fire  Department”  is  hereby  repealed. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
30th  day  of  January,  1918. 

Approved  this  30th  day  of  January,  1918. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  218. 

An  Ordinance  making  it  unlawful  to  keep  any  automobile  oil 
or  gasoline  station  open  after  the  hour  of  eleven  o’clock 
P.  M. 


City  of  Phoenix 


109 


Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  the  proprietor  or 
any  person  having  charge  or  control  of  any  automobile,  oil 
or  gasoline  Service  Station  in  the  City  of  Phoenix,  whether 
such  station  be  located  on  the  curb  or  otherwise  to  keep  such 
station  open  or  allow  any  oil  or  gasoline  to  be  sold  to  any 
person  after  the  hour  of  eleven  o’clock  in  the  evening. 

Sec.  2.  Any  person  violating  the  provisions  of  this 
Ordinance  shall  be  guilty  of  a misdemeanaor  and'  upon  con- 
viction thereof  shall  be  punished  by  a fine  of  not  more  than 
Fifty  Dollars  ($50.00),  or  by  an  imprisonment  in  the  City 
Jail  of  not  more  than  Thirty  days,  or  by  both  such  fine  and 
imprisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
10th  day  of  April,  1918. 

Approved  this  10th  day  of  April,  1918. 

PETER  CORPSTEIN, 
Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  219. 

An  Ordinance  requiring  employment  agents  within  the  city 
to  obtain  a permit  and  pay  a license  tax  before  trans- 
acting any  business  as  an  employment  agent  when  the 
labor  employed  is  to  be  used  without  the  State  of 
Arizona. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  Every  person,  firm  or  corporation,  before 
transacting,  engaging  in  or  carrying  on  the  business  of  an 
employment  agent  within  the  City  of  Phoenix  must  first 
apply  for  and  obtain  a permit  therefor  from  the  City  Com- 
mission; provided,  however,  that  such  permit  shall  not  be 
required  of  any  person,  firm  or  corporation  who  shall 
transact,  engage  in  or  carry  on  said  business  of  an  employ- 
ment agent  where  the  labor  employed  is  to  be  used  wholly 
within  the  State  of  Arizona. 

Sec.  2.  Every  such  person,  firm  or  corporation  of 
whom  a permit  is  required,  as  provided  in  Section  1,  shall  in 
addition  to  obtaining  said  permit,  pay  a quarterly  license 
tax  of  Five  Hundred  Dollars  ($500). 

Sec.  3.  Any  person,  firm  or  corporation  of  whom  a 
permit  is  required,  as  in  this  Ordinance  provided,  who 
shall  transact  any  business  as  an  employment  agent  with- 


110 


City  Ordinances 


out  first  obtaining1  said  permit,  or  who  shall  fail  to  pay 
said  license  tax,  shall  be  guilty  of  a misdemeanor  and  shall 
be  punished  by  a fine  of  not  more  than  Three  Hundred 
Dollars  ($300)  or  by  imprisonment  for  not  more  than 
ninety  days  or  be  punished  by  both  such  fine  and  imprison- 
ment. 

WHEREAS,  the  immediate  preservation  of  the  safety 
and  welfare  of  the  city  requires  that  this  Ordinance'  shall 
become  immediately  operative,  an  emergency  is  declared  to 
exist;  and  this  Ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
17th  day  of  April,  1918. 

Approved'  this  17th  day  of  April,  1918. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  240. 

An  Ordinance  making  it  unlawful  to  possess  or  use  any 
narcotic  drug  or  appliances  for  the  preparation  or  use 
thereof;  providing  penalty  for  the  violation  thereof 
with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  other 
than  a duly  licensed  druggist  or  physician  to  have,  own, 
possess  or  use  any  narcotic  drug  such  as  morphine,  cocaine, 
heroin  or  opium  or  to  have'  own,  possess  or  use  any  pipe, 
lamp,  syringe  or  other  appliance  or  apparatus  for  the  prep- 
aration or  use  of  any  such  drug. 

Sec.  2.  Any  person  found  guilty  of  a violation  of  any 
provision  of  Section  1 of  this  Ordinance  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  conviction  shall  be  pun- 
ished by  a fine  of  not  to  exceed  three  hundred  dollars  or 
imprisonment  in  the  City  Jail  for  a period  not  to  exceed 
six  months  or  by  both  such  fine  and  imprisonment. 

Sec  3.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed. 

Sec.  4.  WHEREAS,  it  is  necessary  that  more  string- 
ent measures  be  adopted  for  the  suppression  of  the  use  of 
narcotic  drugs  than  now  exist  an  emergency  is  hereby  de- 
clared to  exist  by  reason  of  the  fact  that  it  is  necessary  for 
the  preservation  of  the  public  peace,  health  and  safety  that 
this  Ordinance  become  immediately  effective  and  this  Ordi- 
nance shall  be  in  full  force  and  effect  from  and  after  its 


City  of  Phoenix 


111 


passage  by  the  Commission,  approval  by  the  Mayor  and 
posting  and  publication  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
18th  day  of  December,  1918. 

Approved  this  18th  day  of  December,  1918. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 

(Published  December  19th,  1918.) 


ORDINANCE  NO.  242. 

An  Ordinance  amending  Ordinance  No.  236,  of  the  City 
of  Phoenix,  passed  by  the  Commission  of  the  City  of 
Phoenix  on  the  seventh  day  of  October,  1918,  being 
entitled  “An  Ordinance  forbidding  the  opening  of 
theaters,  other  places  of  public  amusement,  and  the 
holding  of  public  meetings  or  assemblies  during  the 
prevalence  of  any  contagious,  infectious,  epidemic  or 
endemic  disease,”  by  assigning  thereto  a provision 
for  the  quarantining  of  persons  having  any  such 
disease  under  the  supervision  of  the  City  Health 
Officer. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Ordinance  No.  236,  passed  by  the  Commission 
of  the  City  of  Phoenix,  on  the  7th  day  of  October,  1918, 
entitled  “An  Ordinance  forbidding  the  opening  of  theaters, 
other  places  of  public  amusement,  and  the  holding  of 
public  meetings  or  assemblies  during  the  prevalence  of 
any  contagious,  infectious,  epidemic  or  endemic  disease,” 
be  amended  so  as  to  read  as  follows: 

Section  1.  That  during  the  prevalence  of  any  con- 
tagious, infectious,  epidemic  or  endemic  disease,  all 
schools,  theaters,  moving  picture  shows  and  other  places 
of  public  amusement  shall  be  closed  and  no  public  meet- 
ings or  assemblies  of  any  kind  shall  be  permitted  to  be 
held  within  the  city. 

Sec.  2.  The  city  health  officer  shall  give  public 
notice  in  the  official  newspaper  of  the  city  of  the  prev- 
alence of  any  such  disease  described  in  said  section  and 
that  in  his  judgment  it  is  necessary  in  the  interest  of  the 
public  health  that  during  the  prevalence  of  said  disease 
all  schools,  theaters,  moving  picture  shows  and  other  places 
of  public  amusement  within  the  city  be  closed  and  all 
public  meetings  and  assemblies  of  any  kind  be  prohibited. 

Upon  the  giving  of  said  notice  the  provisions  of  said 
Section  1 shall  be  in  full  force  and  effect  and  shall 
remain  in  full  force  and  effect  until  the  health  officer 
shall  give  public  notice  of  the  subsidence  of  said  disease 
and  that  the  necessity  for  the  enforcement  of  said  section 
no  longer  exists. 

Sec.  3.  During  the  prevalence  of  any  such  con- 


112 


City  Ordinances 


tagious,  infectious,  epidemic  and  endemic  disease  the 
City  Health  Officer  may  establish  and  maintain  a strict 
quarantine  of  all  persons  having  any  such  disease  within 
the  city,  under  such  reasonable  regulations  as  he  may 
prescribe  for  that  purpose.  Said  Health  Officer  shall  give 
public  notice  through  the  official  newspaper  of  the  city 
or  by  posting  a notice  of  the  same  in  five  public  places 
within  the  city  of  the  establishment  of  such  quarantine 
and  of  the  regulations  prescribed  by  him  in  relation 
thereto,  and  thereafter  and  until  said  quarantine  shall  be 
lifted  by  said  Health  Officer  by  like  notice  all  persons 
within  the  city  shall  be  required  to  comply  with  the  regu- 
lations so  prescribed  by  said  Health  Officer. 

Sec.  4.  Any  person  violating  the  provisions  of  this 
Ordinance  shall  be  guilty  of  a misdemeanor  and  be  pun- 
ished by  a fine  of  not  more  than  three  hundred  ($300.00) 
dollars,  or  by  imprisonment  not  to  exceed  ninety  (90) 
days,  or  by  both  such  fine  and  imprisonment. 

The  City  Manager  shall  have  full  power  and  author- 
ity to  take  such  measures  as  he  may  deem  necessary  and 
proper  towards  the  enforcement  of  this  Ordinance. 

WHEREAS,  there  is  prevalent  a serious  epidemic 
which  in  the  judgment  of  the  Commission  is  apt  to  prove 
a serious  menace  to  the  health  of  the  health  of  the  people 
of  the  city;  and, 

WHEREAS,  prompt  and  effectual  measures  to  pre- 
vent the  spread  of  said  disease  are  necessary  for  the 
preservation  of  the  public  health,  safety  and  welfare,  an 
emergency  is  therefore  declared  to  exist  and  this  Ordi- 
nance shall  take  effect  from  and  after  its  passage  and 
approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  6th  day  of  January,  1919. 

Approved  this  6th  day  of  January,  1919. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  249. 

An  Ordinance  making  it  unlawful  for  any  person  to  fail 
to  clean  bottles  or  other  receptacles  in  which  milk 
is  delivered;  or  to  use  such  bottles  for  any  purpose 
other  than  for  the  delivery  of  milk  or  to  break, 
destroy  or  throw  away  any  such  bottles,  and  providing 
penalty. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to 
whom  any  milk  or  cream  is  delivered  to  fail  or  neglect 
immediately  after  emptying  the  receptacle  in  which  such 
milk  or  cream  shall  have  been  delivered,  to  rinse,  or  cause 
to  be  rinsed  thoroughly  such  receptacle  so  as  to  free  the 
same  from  all  remnants  of  milk  or  cream. 


City  of  Phoenix 


113 


Sec.  2.  It  shall  be  unlawful  for  any  person  to  place, 
or  to  cause  or  permit  to  be  placed,  into  any  bottle  or 
other  receptacle  that  is  commonly  used  for  the  reception, 
storage  or  delivery  of  milk  or  cream  for  sale,  any  filthy 
or  offensive  substance,  or  any  refuse  matter  of  any  kind 
or  to  use,  or  to  cause  or  permit  to  be  used,  any  such 
bottle  or  other  receptacle  for  cooking  or  heating  milk  or 
cream  or  any  other  substance;  or  to  throw,  place  or  de- 
posit, or  to  cause  or  permit  to  be  thrown,  placed  or 
deposited  any  such  bottle  or  other  receptacle  in  any  con- 
tainer used  for  the  reception  of  garbage  or  rubbish;  or 
to  wilfully  or  maliciously  break  or  destroy  any  such 
bottle  or  other  receptacle;  or  to  use  or  cause  or  permit 
to  be  used  any  such  bottle  or  other  receptacle  for  any 
purpose  other  than  a receptacle  or  container  for  milk  or 
cream. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction  shall  be  punishable  by  a fine  not  exceed- 
ing fifty  ($50.00)  dollars,  or  by  imprisonment  in  the  City 
Jail  for  a period  not  exceeding  thirty  (30)  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  publication  and  posting 
as  by  law  required. 

Section  5.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  2nd  day  of  April,  1919. 

Approved  this  2nd  day  of  April,  1919. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  294. 

An  Ordinance  regulating  the  issuance  of  permits  for  the 
holding  of  boxing  or  sparring  matches  and  providing 
for  a license  for  the  holding  of  such  exhibitions. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Repealed  by  Ordinance  529. 

Sec.  2.  No  person,  firm,  association  or  corporation 
shall  hold,  give  or  conduct  any  boxing  or  sparring  match 
or  exhibition  within  the  City  of  Phoenix  without  a license 
issued  by  the  City  Collector  so  to  do.  Such  license  shall 
be  issued  to  any  person,  firm,  association  or  corporation 
holding  a permit  from  the  Commission  who  shall  pay  to 
the  City  Collector  the  sum  of  fifty  dollars  ($50.00)  in 
event  one  exhibition  is  to  be  held,  given  or  conducted, 
and  in  event  more  than  one  such  exhibition  is  to  be 
held,  given  or  conducted  such  license  shall  be  given  for 


114 


City  Ordinances 


one  year  and  shall  be  given  on  the  payment  to  the  City 
Collector  of  the  sum  of  three  hundred  dollars.  In  event 
such  application  is  made  during  any  regular  quartej  the 
City  Collector  shall  collect  in  addition  to  the  yearly  fee 
herein  provided  for  a pro  rata  amount  for  the  unex- 
pired quarter.  All  such  licenses  shall  be  revocable  by  the 
Commission  if  in  their  judgment  there  is  cause. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  13th  day  of  August,  1919. 

Approved  this  13th  day  of  August,  1919. 

C.  W.  BARNETT, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  326. 

An  Ordinance  making  it  unlawful  for  any  person  to 
practice  clairvoyance,  astrology,  soothsaying,  seer- 
ship,  palmistry,  fortune  telling,  spiritualism,  spirit 
med’iumism  for  hire  in  the  City  of  Phoenix,  pro- 
viding a penalty,  and  repealing  Section  2 of  Ordinance 
No.  54,  N.  S.,  with  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix: 

Section  1.  It  shall  be  unlawful  for  any  person  to 
advertise  himself  as  a clairvoyant,  astrologer,  soothsayer, 
seer,  palmist,  fortune  teller,  spiritualist  or  spirit  medium. 

Sec.  2.  Any  person  violating  the  provisions  of  this 
Ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  shall  be  punished  by  a fine  not  to  exceed 
the  sum  of  three  hundred  dollars  ($300),  or  by  imprison- 
ment in  the  City  Jail  for  a period  of  not  to  exceed  six 
(6)  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  3.  Section  2 of  Ordinance  54  entitled,  “An 
Ordinance  for  licensing  and  regulating  the  carrying  on 
of  certain  professions,  trades,  callings  businesses  and 
occupations  carried  on  within  the  limits  of  the  City  of 
Phoenix  and  providing  punishment  for  violations  hereof,” 
is  hereby  repealed. 

Sec.  4.  WHEREAS,  it  is  necessary  to  the  public 
peace,  health  and  safety  of  the  City  of  Phoenix  that  the 
practice  of  clairvoyance,  astrology,  soothsaying,  seership, 
palmistry,  fortune  telling,  spiritualism  and  spirit  medium- 
ism  within  the  city  be  abolished,  an  emergency  is  hereby 
declared  to  exist  and  this  Ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  by  the  Commission, 
approval  by  the  Mayor  and  posting  and  publication  as 
provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  31st  day  of  December,  A.  D.  1919. 

Approved  this  31st  day  of  December,  A.  D.  1919. 

PETER  CORPSTEIN, 
Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


City  of  Phoenix 


115 


ORDINANCE  NO.  329 

An  Ordinance  regulating  public  dance  halls,  and  providing 

a penalty  for  violation  thereof,  with  an  emergency 

clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  the  owner,  pro- 
prietor or  any  person  having  charge,  management  or 
control  of  any  public  dance  hall  within  the  City  of  Phoenix 
to  keep  same  open  for  the  entertainment  of  the  public 
or  to  permit  any  music  or  dancing  therein  between  the 
hours  of  midnight  of  any  secular  day  and  ten  o’clock  in 
the  forenoon  of  the  following  day,  or  to  cause  or  permit 
the  same  to  be  opened  for  the  entertainment  of  the  public 
or  to  permit  any  music  or  dancing  therein  between  the 
hours  of  midnight  of  any  Saturday  and  ten  o’clock  in  the 
forenoon  of  the  following  Monday. 

Sec.  2.  It  shall  be  unlawful  for  the  owner,  proprie- 
tor or  any  person  having  charge,  management  or  control 
of  any  public  dance  hall  to  permit  any  minor  under  the 
age  of  eighteen  (18)  therein,  unless  such  minor  be  accom- 
panied by  parent,  guardian  or  other  person  having^  the 
written  consent  of  such  parent  or  guardian. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  shall  be  punished  by  a fine  of  not 
to  exceed  three  hundred  ($300.00)  dollars,  or  be  impris- 
oned in  the  City  Jail  not  to  exceed  one  hundred  eighty 
(180)  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  4.  WHEREAS,  there  are  now  no  regulations  of 
public  dance  halls  within  the  City  of  Phoenix;  and, 

WHEREAS,  it  is  necessary  to  the  public  peace,  health 
and  safety  of  the  City  of  Phoenix  that  some  regulations 
be  made,  an  emergency  is  hereby  declared  to  exist,  and 
this  Ordinance  shall  become  effective  from  and  after 
its  passage  by  the  Commission,  approval  by  the  Mayor, 
publication  and  posting  as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  7th  day  of  January,  1920. 

Approved  this  7th  day  of  January,  1920. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  380. 

An  Ordinance  making  it  unlawful  for  any  person  to 
occupy  or  cause  to  be  occupied  any  residence  or 
dwelling  within  the  City  of  Phoenix  unless  such 
residence  or  dwelling  be  equipped  with  a water 
closet  connected  with  the  sewer,  providing  a penalty 
and  reperlin^  Ordinance  374,  New  Series,  of  the 
City  of  Phoerix,  with  an  emergency  clause. 


116 


City  Ordinances 


Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  it  shall  be  unlawful  for  any  person 
to  occupy  any  residence  or  dwelling  within  the  City  of 
Phoenix  unless  such  residence  or  dwelling  be  equipped 
with  a water  closet  in  good  working  order  properly  con- 
nected with  the  sanitary  sewer. 

Sec.  2.  That  it  shall  be  unlawful  for  any  person, 
either  as  owner  or  agent,  or  in  anywise  having  charge  or 
control  of  any  residence  or  dwelling  within  the  City  of 
Phoenix,  to  permit  or  cause  such  residence  or  dwelling 
to  be  occupied  by  any  person  unless  such  residence  or 
dwelling  be  equipped  with  a water  closet  in  good  working 
order  properly  connected  with  the  sanitary  sewer. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misde- 
meanor and  upon  conviction  shall  be  punished  by  a fine 
of  not  more  than  fifty  dollars  or  by  imprisonment  in  the 
City  Jail  for  a period  not  to  exceed  fifty  days,  or  by 
both  such  fine  or  imprisonment,  and  each  day’s  occupancy 
of  any  such  premises  shall  constitute  a separate  offense 
under  Section  1 and  Section  2 of  this  Ordinance. 

Sec.  4.  Ordinance  No.  374,  New  Series,  of  the  City 
of  Phoenix,  and  all  Ordinances  and  parts  of  Ordinances 
in  conflict  herewith  are  hereby  repealed. 

Sec.  5.  WHEREAS,  it  is  necessary  to  the  public 
peace,  health  and  safety  of  the  City  of  Phoenix  that  this 
Ordinance  become  immediately  operative,  an  emergency 
is  hereby  declared  to  exist  and  this  Ordinance  shall  be 
in  full  force  and  effect  from  and  after  its  passage  by 
the  Commission,  approval  by  the  Mayor  and  posting  and 
publication  as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  5th  day  of  May,  1920. 

Approved  this  5th  day  of  May,  1920. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

T.  TREVILLIAN,  Deputy  City  Clerk. 


ORDINANCE  NO.  398. 

An  Ordinance  prohibiting  minors  under  the  age  of  sixteen 
years  being  on  the  streets,  alleys  or  public  places  in 
the  City  of  Phoenix  between  the  hours  of  nine 
o’clock  p.  m.  and  five  o’clock  a.  m.  from  October 
first  to  May  first,  and  between  the  hours  of  ten 
o’clock  p.  m.  and  five  o’clock  a.  m.  from  May  first 
to  October  first,  and  providing  a penalty. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,*  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  minor  under 
the  age  of  sixteen  years  to  be  upon  any  of  the  streets, 


City  of  Phoenix 


117 


alleys  or  public  places  in  the  City  of  Phoenix  between 
the  hours  of  nine  o’clock  p.  m.  and  five  o’clock  a.  m.  from 
October  first  to  May  first,  and  between  the  hours  of  ten 
o’clock  p.  m.  and  five  o’clock  a.  m.  from  May  first  to 
October  first,  unless  such  minor  be  attending  to  urgent 
business  and  can  give  a satisfactory  account  of  why  he 
or  she  is  absent  from  home,  or  be*  accompanied  by  a 
parent,  guardian,  adult  relative  or  adult  friend;  and  in 
case  such  minor  be  unaccompanied  by  a parent,  guardian, 
adult  relative  or  adult  friend  upon  the  streets,  alleys  or 
public  places  in  the  City  of  Phoenix  between  the  hours  of 
nine  o’clock  p.  m.  and  five  o’clock  a.  m.  from  October 
first  to  May  first,  and  between  the  hours  of  ten  o’clock 
p.  m.  and  five  o’clock  a.  m.  from  May  first  to  October 
first,  attending  to  some  urgent  business  and  can  give  a 
satisfactory  reason  for  being  away  from  home,  it  shall 
be  unlawful  for  such  minor  to  loiter  or  linger  or  ride 
aimlessly  upon  the  streets,  alleys  or  public  places  in  the 
City  of  Phoenix,  but  such  minor  must  transact  such  busi- 
ness as  speedily  as  possible. 

Sec.  2.  At  the  hour  of  nine  o’clock  p.  m.  from  Octo- 
ber first  to  May  first  and  at  the  hour  of  ten  o’clock  p.  m. 
from  May  first  to  October  first,  a bell  shall  be  rung  by 
the  City  as  a warning  to  such  minors  and  their  parents  or 
guardians  that  the  curfew  hour  has  arrived,  but  failure 
on  the  part  of  the  city  authorities  to  ring  such  bell  or  a 
failure  on  the  part  of  any  such  minor  or  his  or  her 
parents  or  guardian  to  hear  such  bell  shall  be  no  excuse 
for  such  minor  being  upon  the  street,  alleys  or  public 
places  in  the  City  of  Phoenix  between  the  hours  of  nine 
o’clock  p.  m.  and  five  o’clock  a.  m.  from  October  first 
to  May  first  and  between  the  hours  of  ten  o’clock  p.  m. 
and  five  o’clock  a.  m.  from  May  first  to  October  first. 

Sec.  3.  Any  such  minor  who  shall  violate  the  pro- 
visions of  this  Ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  for  the  first  offense  shall  be  warned 
by  the  Chief  of  Police  or  one  of  his  assistants  and  sent 
home,  but  for  the  second  offense  he  or  she  shall  be 
brought  before  the  City  Magistrate,  who  shall  thereupon 
certify  the  case  to  the  Juvenile  Court  in  and  for  the 
County  of  Maricopa,  as  provided  in  Title  XXVII,  Re- 
vised Statutes  of  Arizona,  1913,  to  be  dealt  with  as 
therein  provided. 

Sec.  4.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  5.  This  Ordinance  shall  be  in  force  and  effect 
from  and  after  its  passage  and  publication  as  required 
by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  7th  day  of  July,  1920. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

HELEN  C.  FAHEY,  Deputy  City  Clerk. 


118 


City  Ordinances 


ORDINANCE  NO.  529. 

An  Ordinance  regulating  the  holding  of  boxing  or  wrestling 
matches  within  the  City  of  Phoenix,  creating  a boxing 
commission,  defining  its  powers  and  duties,  providing- 
fines  and  penalties  for  violation  of  the  provisions  of 
this  Ordinance,  and  repealing  Ordinances  in  conflict 
herewith,  with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  No  person,  firm,  corporation  or  associa- 
tion shall  give  or  promote  any  boxing  or  wrestling  match 
within  the  City  of  Phoenix,  to  which  an  admission  charge 
is  made,  unless  a permit  shall  first  be  obtained  from  the 
City  Commission  so  to  do;  and  no  person  shall  engage  in 
any  such  boxing  or  wrestling  match  either  as  contestant, 
principal,  manager,  second  or  promoter,  unless  a permit 
shall  have  been  issued  as  herein  provided  for  the  holding 
of  said  boxing  or  wrestling  match,  provided  that  no  such 
boxing  or  wrestling  match  shall  be  held  within  the  city 
on  Sunday. 

Sec.  2.  At  least  five  (5)  days  prior  to  the  holding 
of  any  boxing  or  wrestling  match  or  exhibition,  the  per- 
son, firm,  corporation  or  association  promoting,  holding 
or  giving  such  boxing  or  wrestling  match  or  exhibition 
shall  give  notice  in  writing  of  the  proposed  performance 
to  the  Chief  of  Police,  who  shall  transmit  the  same  to 
the  Boxing  Commission,  which  said  Boxing  Commission, 
or  at  least  three  (3)  members  thereof,  shall  attend  such 
performance,  match  or  exhibition,  and  see  that  the  require- 
ments of  this  Ordinance  are  complied  with.  Such  notice 
shall  contain  the  names  of  the  principals. 

Sec.  3.  There  is  hereby  constituted  a Boxing  Com- 
mission, which  shall  be  composed  of  the  Chief  of  Police 
and  four  (4)  members  to  be  appointed  by  the  Commis- 
sion of  the  City  of  Phoenix  to  serve  at  the  pleasure  of 
the  City  Commission,  which  members  shall  serve  without 
pay.  The  Chief  of  Police  shall  be  ex  officio  chairman 
of  said  Boxing  Commission,  and  it  shall  be  the  duty  of 
said  Boxing  Commission,  or  a majority  of  the  members 
thereof,  to  make  and  enforce  all  rules  and  regulations 
governing  the  holding  of  public  boxing  and  wrestling  con- 
tests to  be  held  within  the  corporate  limits  of  the  City  of 
Phoenix,  to  attend  all  such  boxing  or  wrestling  matches, 
to  supervise  all  such  boxing  or  wrestling  matches,  and 
such  Boxing  Commission,  or  a majority  thereof,  shall  have 
the  power  to  stop  any  or  all  boxing  or  wrestling  matches 
if  it  appears  to  them  that  such  match  is  a sham  or  a fake 
match.  Or  in  case  of  disorder  or  breach  of  the  peace, 
or  in  event  any  of  the  provisions  of  this  ordinance  have 
not  been  complied  with  by  any  promoter  or  participant; 
and  the  members  of  the  Boxing  Commission  shall,  at  all 
times,  be  admitted  to  all  training  quarters,  arenas  and 
other  places  where  boxing  or  wrestling  matches  are  held, 
without  an  admission  charge. 

Sec.  4.  No  permit,  as  hereinbefore  provided  for, 
shall  be  issued  by  the  said  City  Commission  unless  the 


City  of  Phoenix  liy 

same  shall  have  been  first  submitted  to  the  Boxing  Com- 
mission for  its  recommendations,  and  the  failure  of  any 
person,  firm,  corporation  or  association  holding  such 
permit  to  comply  with  any  of  the  rules  and  regulations 
so  provided  by  said  Boxing  Commission,  or  their  failure 
to  maintain  good  order  at  any  and  all  matches  conducted 
by  them  shall  be  considered  sufficient  grounds  for  the 
revocation  by  the  City  Commission  of  such  permit. 

Sec.  5.  Every  person  who  shall  engage  in,  or  in  any 
way  encourage,  aid  or  assist  in  the  holding  of  any  boxing 
or  wrestling  match  or  exhibition,  or  who  shall  engage 
either  as  contestant,  principal,  manager,  second  or  pro- 
moter, in  any  such  wrestling  match  or  exhibition  for 
wrhich  a permit  shall  not  have  been  issued  as  herein  pro- 
vided, or  any  person  who  shall  participate,  either  as  pro- 
moter, contestant  or  second,  in  any  sham  or  fake  boxing 
or  wrestling  match  or  exhibition,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars  ($100)  or  by 
imprisonment  not  exceeding  thirty  (30)  days,  or  by  both 
such  fine  and  imprisonment. 

Sec.  6.  All  ordinances  or  par+s  of  ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  7.  Whereas,  the  preservation  of  the  public 
peace,  health  and  safety  of  the  City  of  Phoenix  require 
that  this  ordinance  shall  become  effective  immediately 
upon  its  passage,  an  emergency  is  hereby  declared  to 
exist,  and  this  Ordinance  shall  be  exempt  from  the  pro- 
visions of  the  referendum,  and  shall  take  effect  and 
become  operative  from  and  after  its  passage  by  the  Com- 
mission, approval  by  the  Mayor  and  posting  and  publica- 
tion as  required  by  the  Charter  of  the  City  of  Phoenix. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  13th  day  of  October,  1921. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  531. 

An  Ordinance  amending  Ordinance  No.  440,  entitled  “An 
Ordinance  prohibiting  the  erection  of  tents,  tent 
houses  and  similar  structures  within  the  City  of 
Phoenix,”  etc. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Ordinance  No.  440,  entitled  “An  Ordinance  pro- 
hibiting the  erection  of  tents,  tent  houses  and  similar 
structures  within  the  City  of  Phoenix,  providing  a penalty, 
with  an  emergency  clause,”  be  amended  so  as  to  read  as 
follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to 
erect  within  the  corporate  limits  of  the  City  of  Phoenix 


120 


City  Ordinances 


any  tent,  tent  house  or  similar  structure,  or  to  qse  the 
same  for  dwelling,  sleeping  or  storage  purposes;  provided, 
however,  that  the  City  Commission  may  grant  temporary 
permits  for  the  erection  of  any  such  structures  upon  lots 
upon  which  there  are  no  other  structures. 

Sec.  2.  Any  person  violating  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  shall  be  punished  by  a fine  not  to  exceed 
twenty-five  ($25.00)  dollars  or  by  imprisonment. 

Sec.  3.  Whereas,  there  is  no  adequate  provision  for 
the  restriction  of  dangerous  and  inflammable  structures 
in  the  City  of  Phoenix;  and, 

Whereas,  it  is  necessary  to  the  public  peace,  health 
and  safety  that  such  restrictions  become  immediately 
operative ; 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  Commission,  approval 
by  the  Mayor  and  posting  and  publication  as  by  law 
required. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
19th  day  of  October,  1921. 

Approved  this  19th  day  of  October,  1921. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  453. 

An  Ordinance  forbidding  any  person  within  the  vicinity 
of  any  hospital,  indicated  by  street  signs  or  mark- 
ings, from  making  any  unnecessary  noise  likely  to 
disturb  the  quiet  of  any  inmate  of  such  hospital. 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  The  City  Manager  is  hereby  empowered 
to  cause  suitable  street  signs  or  markings  to  be  placed  on 
or  along  streets  near  or  upon  which  any  hospital  is  sit- 
uated, warning  the  public  of  the  proximity  of  any  such 
hospital  and  indicating  the  general  direction  jn  which 
said  hospital  is  situated.  Any  person  who  shall  make  or 
cause  to  be  made  any  unnecessary  noise  calculated  to 
disturb  the  qui^t  of  any  inmate  of  any  such  hospital  at  any 
place  between  any  such  sign  and  such  hospital  or  at  any 
place  situated  within  the  general  area  indicated  by  such 
signs  or  markings  to  be  in  the  vicinity  of  any  such  hos^ 
pital,  shall  be  guilty  of  a misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a fine  not  exceeding 
$100.00  or  by  imprisonment  not  exceeding  thirty  days,  or 
by  both  such  fine  and  imprisonment. 

Sec.  2.  It  appearing  that  there  is  no  existing  Ordi- 
nance upon  the  subject,  and  it  further  appearing  that 
there  is  an  immediate  necessity  for  the  passage  of  this 
Ordinance  in  order  to  safeguard  and  promote  the  health 
of  the  inhabitants  of  Phoenix,  an  emergency  is  hereby 
declared  to  exist  and  this  Ordinance  is  hereby  declared 


City  of  Phoenix 


121 


to  be  exempt  from  the  referendum  provisions  of  the  City 
Charter,  and  this  Ordinance  is  made  to  take  effect  imme- 
diately upon  its  passage,  approval  and  publication  as 
required  by  law. 

Passed  by  the  City  Commission  of  the  City  of  Phoenix 
this  twenty- third  day  of  February,  1921. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  455. 

An  Ordinance  regulating  blasting  within  the  City  of 

Phoenix,  with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to 
set  off  or  explode  any  charge  of  dynamite,  nitroglycerin, 
TNT  or  other  explosive  within  the  City  of  Phoenix  with- 
out the  permission  of  the  City  Commission  first  had  and 
obtained. 

Sec.  2.  Whereas,  it  is  necessary  to  the  peace,  health 
and  safety  of  the  City  of  Phoenix  and  of  its  citizens  and 
inhabitants  that  promiscuous  blasting  within  the  city  be 
prevented;  now,  therefore, 

An  emergency  is  hereby  declared  to  exist  and  this 
Ordinance  shall  be  exempted  from  the  provisions  of  the 
referendum  and  shall  be  in  full  force  and  effect  from 
and  after  its  passage  by  the  Commission  and  posting  and 
publication  as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  9th  day  of  March,  1921. 

Approved  this  9th  day  of  March,  1921. 

WILLIS  H.  PLUNKETT, 

. Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


122 


City  Ordinances 


Auto 

Carriage 


Auto  Stage 


Auto  Bus 


Common 

Carriers 


Permit 


CHAPTER  2 

TRAFFIC 

ORDINANCE  NO.  105. 

An  Ordinance  regulating  the  use  of  the  streets  and  alleys 
of  the  City  of  Phoenix  by  self-propelled  motor  ve- 
hicles and  street  railway  cars  carrying  passengers  or 
freight  for  hire,  and  providing  for  the  licensing  of 
such  vehicles  and  for  penalty  for  violation  of  this 
Ordinance. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  An  auto-carriage  is  hereby  defined  to  be 
a self-propelled  motor  vehicle,  other  than  an  auto-stage, 
auto-bus,  or  a street  or  railway  car,  and  traversing  the 
public  streets  of  the  City  of  Phoenix  and  conveying  pas- 
sengers for  hire  from  points  within  the  City  of  Phoenix 
to  other  points  within  or  without  the  City  of  Phoenix,  and 
for  such  charges  and  compensation  not  in  excess  of  those 
by  this  Ordinance  fixed,  but  which  motor  vehicle  shall 
not  be  operated  between  fixed  or  definite  termini  or  upon 
any  fixed  or  definite  schedule. 

An  auto-stage  is  hereby  defined  to  be  a self-propelled 
motor  vehicle,  other  than  an  auto-carriage,  auto-bus,  or  a 
street  or  railway  car  and  traversing  the  public  streets 
of  the  City  of  Phoenix  between  a certain  definite  and 
fixed  terminal  within  the  City  of  Phoenix  and  to  or 
through  certain  definite  towns  or  cities  outside  of  the 
City  of  Phoenix  upon  a definite  schedule,  and  used  and 
maintained  for  the  carriage  of  passengers  and  freight, 
or  either  of  them,  between  such  termini  and  intermediate 
points  for  a fixed  charge  or  scale  of  prices  for  such 
service,  but  which  shall  not  carry  any  passengers  or 
freight,  for  hire  or  otherwise,  between  its  terminal  within 
the  City  of  Phoenix  and  any  other  point  or  points  within 
the  City  of  Phoenix. 

An  auto-bus  is  hereby  defined  to  be  a self-propelled 
motor  vehicle  other  than  an  auto-carriage,  auto-stage  or 
a street  or  railway  car,  and  traversing  the  public  streets 
of  the  City  of  Phoenix,  and  the  immediate  vicinity  thereof, 
between  certain  definite  points  or  termini  and  conveying 
passengers  for  a fixed  charge  of  not  more  than  five  cents 
between  such  termini  and  intermediate  points,  and  so  held 
out,  advertised  or  announced  within  the  City  of  Phoenix, 
and  not  to„  exceed  five  cents  per  mile  or  fraction  thereof 
to  points  in  the  vicinity  of  the  City  of  Phoenix. 

Each  auto-carriage,  auto-stage,  and  auto-bus  is  hereby 
declared  to  be  a common  carrier,  and  subject  to  the  regu- 
lations herein  prescribed. 

Sec.  2.  Before  operating  any  auto-carriage,  auto- 
stage, or  auto-bus  as  such  upon  any  of  the  public  streets 


City  of  Phoenix 


123 


or  alleys  of  the  City  of  Phoenix,  the  owner  or  lessee 
thereof  shall  apply  for  and  obtain  a permit  therefor  from 
the  City  Manager  of  the  City  of  Phoenix  as  herein  pro- 
vided, and  every  operator  or  chauffeur  of  any  such 
vehicle  shall  obtain  an  operator’s  permit  as  herein  pro- 
vided. 

Sec.  3.  Applications  for  an  auto-carriage,  auto-stage 
or  auto-bus  permit  and  license  shall  be  made  in  writing 
and  filed  with  the  City  Clerk,  and  shall  state: 

a.  The  type  of  motor  vehicle  and  the  name  of  the 
manufacturer  or  popular  name  thereof. 

b.  The  horse  power  thereof. 

c.  The  factory  number  and  State  license  number 

thereof. 

d.  The  seating  capacity  thereof  according  to  its 

trade  rating. 

e.  The  name  of  the  owner  or  lessee  and  of  the 

person  to  be  in  immediate  charge  thereof  as  operator  or 
chauffeur. 

f.  Whether  the  driver  is  physically  and  otherwise 

qualified  to  drive  any  such  motor  vehicle  safely,  and  that 
the  driver  of  such  vehicle  is  familiar  with  the  streets  of 
the  City  and  the  routes  over  which  it  is  proposed  to 
operate  said  auto-carriage,  auto-stage,  or  auto-bus,  and  is 
familiar  with  and  will  observe  and  comply  with  the 
traffic  laws,  ordinances  and  rules  of  the  City  of  Phoenix, 
and  of  the  State  of  Arizona. 

If  the  application  be  for  an  auto-stage  or  auto-bus  per- 
mit and  license,  it  shall,  in  addition  to  the  foregoing,  state 
the  route  or  routes  proposed  to  be  followed  in  transport- 
ing passengers  and  freight,  or  either  of  them,  and  the 
termini  of  such  route  or  routes.  Also  the  fares  to  be 
charged  for  the  transporting  of  passengers  and  freight 
between  the  said  termini  and  intermediate  points  along- 
said  route  or  routes.  Also  the  schedule  to  be  observed, 
showing  the  times  of  departure  from  termini,  according 
to  which  it  is  proposed  to  operate  such  auto-bus  or  auto- 
stage. Also,  transfer  points,  if  transfers  are  proposed  to 
be  used. 

Each  of  such  applications  shall  be  signed  under  oath 
by  the  applicant  and  shall  be  acknowledged  before  a 
notary  public  or  some  other  officer  or  magistrate  duly 
authorized  to  take  acknowledgments  or  administer  oaths. 

At  the  same  time  and  in  the  same  manner  as  herein 
provided,  application  shall  be  made  for  an  operator’s  per- 
mit by  each  and  every  operator  or  chauffeur  of  an  auto- 
carriage, auto-stage  or  auto-bus. 

Sec.  4.  As  amended  by  Ordinance  142.  In  order 
to  insure  the  safety  of  the  public  it  shall  be  unlawful  for 
any  owner  or  lessee  of  any  auto-carriage,  auto-stage  or 
auto-bus  to  operate,  or  cause  the  same  to  be  operated,  in, 
over  or  along  the  streets  of  Phoenix,  or  to  obtain  a permit 
therefor,  unless  he  shall  have  taken  out,  and  have  in  full 
force  and  effect  at  all  times  while  such  owner  or  lessee 
is  operating  or  causing  to  be  operated  such  auto-carriage, 
auto-stage,  or  auto-bus,  a policy  of  insurance  in  some 
reputable  and  reliable  insurance  company  authorized  to  do 


Application 


Bond  or 
Insurance 


124 


City  Ordinances 


business  in  the  State  of  Arizona,  insuring  such  owner  or 
lessee  against  damages  arising  out  of  the  unlawful  or 
negligent  operation  of  any  auto-carriage,  auto-stage,  or 
auto-bus  for  which  permit  shall  issue  to  such  owner  or 
lessee,  and  suffered  by  any  person  or  persons  not  em- 
ployed by  such  owner  or  lessee.  Such  policy  shall  be  in 
amount  not  less  than  $5,000  for  each  vehicle  for  which 
permit  shall  be  applied  for,  except  that  when  one  owner 
or  lessee  shall  apply  for  a permit  for  more  than  'two 
vehicles  in  any  one  class,  such  policy  shall  be  taken  in  a 
sum  of  not  less  than  $2,500.00  for  each  vehicle  named  in 
such  application.  All  such  policies  shall  be  submitted  to 
the  City  Manager  for  approval  and  if  he  approve  the 
same,  he  shall  endorse  such  approval  on  each  said  policy 
which  shall  remain  on  file  thereafter  in  the  office  of  the 
City  Clerk. 

The  City  Manager  may  not  approve  any  such  policy 
if  he  has  reason  to  believe  that  the  company  issuing  the 
same  is  not  a reliable  or  responsible  one,  or  if  such 
policy  may  not  be  construed  as  an  agreement  certain  to 
pay  promptly  with  or  without  the  consent  of  the  insured 
any  and  all  final  judgments  that  may  be  had  against  the 
insured  for  damages  on  account  of  bodily  injuries  or 
death  at  any  time  resulting  therefrom,  occurring  during 
the  life  of  such  policy,  and  suffered  by  any  person  or 
persons  not  employed  by  the  owner  or  lessee,  and  which 
shall  be  caused  by  or  result  from  the  unlawful  or  negligent 
operation  of  any  vehicle  described  and  enumerated 
therein,  which  shall  be  the  same  as  those  for  which  permit 
shall  be  applied  for.  Before  approving  any  such  policy, 
the  City  Manager  may  require  a written  statement,  signed 
by  some  responsible  officer  of  the  insurance  company 
issuing  the  same,  apart  from  the  policy  itself,  that  the 
latter  is  to  be  construed  as  such  an  agreement;  and  no 
bond  shall  be  approved  unless  it  shall  be  agreed  both  by 
the  insurance  company  through  its  agent  and  by  the 
insured,  that  before  any  cancellation  of  such  policy  shall 
become  effective  notice  in  writing  thereof  shall  be  given 
to  the  City  Manager. 

If  such  owner  or  lessee  shall  elect,  he  may,  in  lieu 
of  taking  out  such  insurance  policy,  give  a bond,  in  a 
like  amount  as  herein  provided  for  such  insurance  policy, 
payable  to  the  city,  with  two  or  more  sureties  or  with  a 
surety  company  as  surety,  which  by  its  terms  shall  inure 
to  the  benefit  of  any  and  all  persons  suffering  loss  or 
damage  through  the  unlawful  or  negligent  operation  of 
any  auto-carriage,  auto-stage  or  auto-bus  for  which  such 
owner  or  lessee  shall  obtain  permit  and  which  shall  be 
conditioned  that  such  owner  or  lessee  shall  pay  all  dam- 
ages that  may  result  to  any  person  on  account  of  bodily 
injuries  or  death  caused  by  the  unlawful  or  negligent 
operation  of  any  such  auto-carriage,  auto-stage  or  auto- 
bus. The  form  of  such  bond  must  be  approved  by  the 
City  Attorney  and  the  sureties  thereon  approved  by  the 
City  Manager. 

By  the  term  unlawful  or  negligent  operation,  as 
herein  used,  is  meant  anything  done  or  omitted  to  be  done 


City  of  Phoenix 


125 


by  the  owner  or  lessee,  or  by  the  servant  or  employee 
of  such  owner  or  lessee  including  the  driver  of  each 
vehicle  for  which  permit  shall  issue,  which  shall  render 
such  owner  or  lessee  liable  in  damages  in  a court  of  law 
to  any  person  or  persons  injured  thereby. 

Sec.  5.  The  City  Manager  shall  without  unnecessary 
delay  cause  an  investigation  to  be  made  of  each  sucn 
application  and  shall  grant  the  same: 

a.  Unless  it  shall  appear  that  the  vehicle  for  which 
the  permit  be  applied  for  be  inadequate  or  unsafe  for  the 
purpose  intended,  or  insufficiently  equipped  with  skid 
chains  or  other  safety  devices;  or, 

b.  If  the  bond  herein  required  be  insufficient  to 
properly  safeguard  the  public  interest  and  safety. 

c.  That  the  operator  be  incompetent,  reckless,  un- 
trustworthy, or  not  familiar  and  acquainted  with  the 
streets  of  the  City  of  Phoenix  or  the  route  or  routes  over 
which  the  said  auto-carriage,  auto-stage,  or  auto-bus  be 
intended  to  operate,  or  be  not  familiar  and  acquainted 
with  the  laws  of  the  State  of  Arizona,  and  the  ordinances 
and  rules  of  the  City  of  Phoenix,  relative  to  the  opera- 
tion and  management  of  motor  vehicles;  or, 

d.  If  the  driver  be  not  physically  or  otherwise  quali- 
fied to  drive  any  such  vehicle  safely. 

Sec.  6.  As  amended  by  Ordinance  419.  Upon  the  grant-  License  Fee 
ing  of  a permit,  as  herein  provided,  the  holder  thereof  shall 
present  the  same  to  the  City  Assessor  and  ex-officm  City  Col- 
lector, who  shall  furnish  to  the  said  applicant,  if  he  be  owner 
or  lessee,  a metal  permit  for  the  operation  of  an  auto-carriage, 
auto-stage,  or  auto-bus,  as  the  case  may  be,  or  if  he  be  an 
operator  or  chauffeur,  an  operator’s  metal  badge,  to 
enable  the  lawful  operation  of  such  motor  vehicle;  pro- 
vided, however,  that  before  any  such  metal  permit  be 
issued  by  the  City  Assessor  and  ex-officio  City  Collector, 
the  owner  or  licensee  of  each  and  every  auto-carriage, 
auto-stage,  auto-bus,  shall  pay  to  the  City  Collector  the 
annual  license  fee  therefor,  which  is  hereby  fixed  as 
follows: 

For  each  auto-carriage,  auto-stage  or  auto-bus  hav- 
ing a seating  capacity  of  seven  passengers  or  less  the 
sum  of  fifteen  ($15.00)  dollars  per  annum,  payable  in 
advance. 

For  each  auto-carriage,  auto-stage  or  auto-bus  hav- 
ing a seating  capacity  of  more  than  seven  and  not  ex- 
ceeding twelve  passengers  the  sum  of  twenty-five  ($25.00) 
dollars  per  annum,  payable  in  advance. 

For  each  auto-carriage,  auto-stage  or  auto-bus  having 
a seating  capacity  exceeding  twelve  but  not  exceeding 
sixteen  passengers,  the  sum  of  thirty-five  ($35.00)  dollars 
per  annum,  payable  in  advance. 

For  each  auto-stage,  auto-carriage  or  auto-bus  having 
a seating  capacity  of  more  than  sixteen  and  not  more 
than  twenty  passengers  the  sum  of  forty  ($40.00)  dollars 
per  annum,  payable  in  advance. 

And  for  each  auto-carriage,  auto-stage  or  auto-bus 
having  a seating  capacity  exceeding  twenty  passengers 


126 


City  Ordinances 


Chauffeur's 

Requirements 


Penalties 


the  sum  of  fifty  ($50.00)  dollars  per  annum,  payable  in 
advance. 

And  the  year  for  which  said  license  fees  be  severally 
due  and  payable  shall  begin  on  the  first  day  of  October 
of  each  and  every  year  and  end  upon  the  thirtieth  day 
of  September  following. 

'ihe  license  fee  herein  provided  shall  be  prorated  by 
quarters,  and  any  applicant  applying  for  a license  here- 
under during  the  quarter  beginning  January  1st  of  any 
one  year,  shall  be  entitled  to  receive  the  same  upon  paying- 
three-quarters  of  the  annual  license  fee  herein  fixed  and 
provided  for;  or  if  application  be  made  for  license  during 
the  quarter  beginning  April  1st  of  any  year  then  upon 
payment  of  one-half  of  the  annual  license  fee  herein 
fixed  and  provided;  or  if  application  be  made  during  the 
quarter  beginning  July  1st  of  any  one  year  then  upon 
payment  of  one-fourth  of  the  annual  fee  herein  fixed  and 
provided. 

Sec.  7.  Every  person  desiring  to  operate  an  auto- 
carriage, auto-stage,  or  auto-bus,  as  a chauffeur  or  op- 
erator within  the  City  of  Phoenix,  shall  first  be  properly 
authorized  and  registered  as  an  operator  or  chauffeur, 
and  shall  have  an  operator’s  metal  chauffeur’s  badge, 
issued  by  the  State  of  Arizona,  as  provided  by  the  statutes 
of  Arizona,  and  particularly  paragraph  5136,  Revised 
Statutes  of  Arizona,  1913,  and  a chauffeur’s  metal  badge 
issued  by  the  City  of  Phoenix  hereunder,  and  shall  wear 
such  badges  pinned  upon  the  outside  of  his  clothing  in  a 
conspicuous  place  at  all  times  while  he  is  operating  any 
such  motor  vehicle  upon  the  public  highways  of  the  City 
of  Phoenix  or  the  route  or  routes  to  be  traveled  upon ; 
and  such  person  must  also  be  of  the  age  of  not  less  than 
eighteen  years,  and  upon  making  application  for  such  per- 
mit to  operate  such  motor  vehicle  shall  give  his  full  name, 
age  and  address,  and  present  satisfactory  evidence  to  the 
City  Manager  that  he  is  registered  as  a chauffeur  under 
the  laws  of  Arizona  and  is  otherwise  competent  and 
qualified  under  the  provisions  of  this  ordinance,  and  if 
such  permit  be  granted  by  the  City  Manager,  the  City 
Assessor  and  ex-officio  City  Collector  shall  issue  to  such 
applicant  a metal  operator’s  badge,  and  an  identification 
card,  bearing  his  name  and  address  and  the  date  when 
such  permit  was  issued  and  the  date  when  such  permit 
expires,  and  the  number  of  the  operator’s  badge  issued  by 
the  city,  and  which  said  card  shall  be  at  all  times  carried 
by  the  said  person  when  operating  any  such  motor  vehicle 
thereunder,  and  shall  be  exhibited  by  him,  upon  demand, 
to  any  officer  of  the  City  of  Phoenix  or  to  any  passenger 
or  to  any  person  suffering  or  sustaining  injury  by,  through 
or  from  any  such  vehicle  so  handled  or  operated  by  such 
person. 

Sec.  8.  It  shall  be  unlawful: 

a.  To  drive,  operate,  or  cause  to  be  driven  or  op- 
erated any  auto-carriage,  auto-stage  or  auto-bus,  over, 
upon  or  along  any  street,  alley,  or  public  highway,  within 
the  City  of  Phoenix,  unless  there  be  outstanding  a valid 
existing  license  and  operator’s  permit  for  each  such  auto- 


City  of  Phoenix 


127 


carriage,  auto-stage,  or  auto-bus,  obtained  as  in  this  ordi- 
nance provided. 

b.  To  drive  or  operate  or  cause  to  be  driven  or  op- 
erated any  auto-carriage,  auto-stage,  or  auto-bus,  while 
there  be  attached  thereto  any  trailer  or  any  other  passen- 
ger or  freight  carrying  vehicle. 

c.  To  permit  passengers  to  ride  upon  the  running- 
board  or  fenders  of  any  auto-carriage,  auto-stage,  or  auto- 
bus, or  to  carry  a greater  number  of  passengers  than  the 
regular  seating  capacity-  of  such  vehicle  as  designated  by 
the  manufacturer  thereof,  and  it  shall  be  unlawful  for  any 
person  to  ride  upon  the  running  board  of  any  auto- 
carriage, auto-stage  or  auto-bus. 

d.  For  any  auto-stage  or  auto-bus  to  refuse  to  carry 
any  person  offering  himself  or  herself  at  any  regular  or 
proper  stopping  point  to  be  transported  and  tendering- 
proper  fare  therefor  to  some  other  regular  or  proper 
stopping  point,  or  for  any  auto-carriage  to  refuse  to  carry 
any  person  offering  himself  or  herself  to  be  transported 
to  some  place  or  point  within  the  City  of  Phoenix  and  who 
tenders  the  proper  fare  therefor;  unless  at  the  time  such 
offer  and  tender  be  made  the  seats  of  such  vehicle  be 
fully  occupied,  or  the  person  so  offering  and  tendering 
be  in  an  intoxicated  condition  or  suffering  from  any 
contagious,  infectious,  or  loathsome  disease,  or  be  of  a 
notoriously  lewd  or  immoral  character,  or  at  the  time 
of  such  offer  be  conducting  himself  or  herself  in  a loud, 
boisterous  or  unseemly  manner,  or  be  using  lewd,  indecent 
or  profane  language;  and  in  either  or  any  of  which  said 
events  such  vehicle  shall  not  transport  or  carry  such 
objectionable  person  if  at  the  time  of  such  offer  there  be 
any  other  passenger  in  such  vehicle,  nor  shall  such  vehicle 
permit  any  other  person  of  proper  demeanor  and  condition 
to  be  carried  or  transported  in  such  vehicle  while  any 
such  objectionable  person  is  being  carried  or  transported 
therein. 

e.  For  any  person  operating  any  auto-stage  or  auto- 
bus to  ask,  demand,  charge  or  receive  a greater  fare  for 
the  carriage  of  passengers  or  freight  than  that  mentioned 
in  the  application  for  license,  and  than  that  printed  upon 
the  sign  carried  upon  the  auto-bus  or  auto-stage. 

f.  For  any  person  owning  or  having  in  charge,  or 
operating  or  causing  to  be  operated,  any  auto-carriage, 
auto-stage  or  auto-bus,  over,  upon  or  along  any  public 
street  or  highway  within  the  City  of  Phoenix,  without 
having  attached  thereto  a bell  or  horn  of  size  and  weight 
sufficient  to  insure  its  being  distinctly  heard  when  rung 
or  sounded  at  a distance  of  at  least  one  hundred  feet. 

g.  For  any  auto-stage,  auto-carriage  or  auto-bus  to 
charge  any  person  either  more  or  less  than  the  regular 
charges  fixed  by  ordinance  or  more  than  the  charges  held 
out  or  published  to  be  charged  by  any  such  vehicle,  the 
intent  of  this  provision  being  to  prohibit  any  discrimina- 
tion whatever,  and  no  free  passes  or  transportation  shall 
be  given  or  allowed  by  any  such  vehicle;  provided,  how- 
ever, that  children  under  six  years  of  age  may  not  be 
charged  for  at  all,  nor  shall  such  children  be  counted  or 


128 


City  Ordinances 


classed  as  passengers  so  far  as  the  capacity  of  any  such 
vehicle  shall  be  concerned. 

h.  For  any  person  owning  or  operating  or  causing 

to  be  operated,  any  auto-carriage,  auto-stage,  or  auto-bus, 
within  the  City  of  Phoenix,  to  allow  or  permit  any 

recKless,  incompetent  or  inexperienced  person  to  act  as 
operator  or  chauffeur  of  any  such  vehicle. 

i.  For  any  person,  driving  or  operating  any  auto- 

carriage, auto-stage,  or  auto-bus,  over,  upon  or  along,  the 
streets  or  highways  of  the  City  of  Phoenix,  to  smoke 

any  cigar,  pipe,  cigarette,  or  burn  any  tobacco,  while 
passengers  are  occupying  any  of  the  seats  of  such  vehicle. 

j.  For  any  person  driving  or  operating  any  auto- 

stage or  auto-bus  and  holding  himself  out  to  carry  pas- 
sengers for  hire  from  point  to  point,  to  drive  or  operate 
such  auto-stage  or  auto-bus  for  hire  over  a route  or 
between  the  termini,  or  according  to  a schedule  other  than 
the  route,  tertnini  or  schedule  described  in  his  license,  or 
to  deviate  from  such  route,  or  to  fail  to  maintain  such 
schedule,  or  to  fail,  refuse  or  neglect  after  commencing 
any  trip,  to  operate  such  auto-stage  or  auto-bus  between 
the  termini  and  over  the  entire  route  or  routes  specified 
in  the  application  for  permit  and  license  and  mentioned 
on  the  sign  herein  provided  to  be  carried  by  auto-stages 
and  auto-busses,  unless  the  failure  to  maintain  ,guch 
schedule  or  to  complete  such  trip,  shall  be  the  result  of 
unavoidable  accident,  or  the  breaking  down  of  such  motor 
vehicle. 

Provided,  however,  that  such  persons  may  transfer 
passengers  to  any  other  auto-stage  or  auto-bus  used  to.  com- 
plete such  route  or  trip  as  herein  provided,  only  a single 
fare  being  charged  for  the  entire  trip  between  the  speci- 
fied termini. 

k.  To  operate  or  cause  to  be  operated  any  auto- 
carriage, auto-stage  or  auto-bus,  upon  slippery  pavements 
or  upon  wet  and  slippery  streets,  unless  such  vehicle  be 
equipped  with  adequate  brakes  and  with  efficient  non- 
skidding devices. 

l.  For  any  person  owning,  operating  or  driving,  or 
causing  to  be  operated  or  driven,  any  auto-carriage,  auto- 
stage, or  auto-bus,  to  permit  the  same  to  remain  standing 
upon  any  street  or  highway  within  the  City  of  Phoenix  for 
the  purpose  of  loading  or  unloading  passengers,  unless  the 
side  of  said  motor  vehicle  nearest  to  the  right  hand  curb 
of  such  street  be  within  two  feet  distant  from  such  curb, 
on  all  curbed  streets. 

m.  For  any  person,  after  ten  days  from  and  after 
this  ordinance  shall  become  effective,  to  maintain  or 
operate  any  auto-stage  or  auto-bus  within,  to  or  from  the 
City  of  Phoenix,  unless  he  shall  carry  on  the  front  of 
such  auto-stage  or  auto-bus  a sign  plainly  lettered,  giving 
the  route  to  be  traveled,  the  termini  of  such  route,  the 
termini  fare  charged,  and  the  city  license  number  of  such 
motor  vehicle,  and  which  said  sign  shall  be  subject  to  the 
approval  of  the  City  Manager. 

Sec.  9.  Applicants  for  license  and  permit  for  an 
auto-stage  or  an  auto-bus,  shall  have  such  termini  within 


Terra  inaJs 


City  of  Phoenix 


129 


the  City  of  Phoenix  and  follow  such  route  and  observe 
such  schedule  within  the  City  of  Phoenix,  as  shall  best 
promote  and  further  the  comfort,  convenience  and  welfare 
of  the  citizens  and  inhabitants  of  the  City  of  Phoenix, 
and  which  said  termini,  route  and  schedule  shall  be  sub- 
ject to  the  approval  of  the  City  Manager  and  of  the  City 
Commission,  before  license  and  permit  be  granted  and 
issued,  and  where,  at  the  time  application  for  license  and 
permit  be  made,  there  be  then  in  operation  over  any 
street  or  streets  desired  to  be  traversed  by  such  applicant, 
any  street  railway  car  or  cars,  or  any  other  auto-stage  or 
auto-bus,  then  the  City  Manager  shall  not  grant  such 
application  without  the  consent  of  the  City  Commission 
first  had  and  obtained;  and  as  a condition  to  the  granting 
of  any  such  permission  by  the  City  Commission,  such 
applicant  shall  in  writing  agree  to  operate  such  auto-stage 
or  auto-bus  between  such  termini  within  the  city  and  along 
such  route  and  upon  such  schedule,  as  shall  least  conflict 
or  interfere  with  the  business  and  the  successful  operation 
of  such  street  railway  car,  auto-stage  or  auto-bus,  and 
shall  further  operate  the  same  upon  such  schedule  of 
arrival  and  departure  at  such  termini  and  at  such  inter- 
mediate points,  as  shall  promote  the  comfort  and  con- 
venience of  the  inhabitants  and  citizens  of  the  City  of 
Phoenix,  as  may  be  determined  by  the  City  Commission. 

Sec.  10.  The  City  Manager  is  hereby  empowered,  in 
cases  of  fire,  accidents,  parades,  obstructions  on,  breaks 
in,  or  repairs  of  any  streets  or  highways  in  the  City  of 
Phoenix,  or  in  the  event  of  any  emergency,  or  to  prevent 
accidents  or  congestion  of  traffic,  or  in  case  of  any  public 
necessity,  to  temporarily  divert  and  route  all  auto-stages 
and  auto-busses,  from  their  regular  routes,  to  and  upon 
such  streets,  as  in  his  judgment  be  necessary  or  expedient, 
and  the  drivers  and  operators  of  such  auto-stages  and 
auto-busses  are  hereby  required  to  observe  and  follow  the 
direction  of  the  City  Manager  in  such  respect. 

Sec.  11.  Any  motorman,  conductor,  operator  or  Liquor 
chauffeur  who,  while  under  the  influence  of  liquor  shall 
operate  any  street  railway  car,  auto-carriage,  auto-stage, 
or  auto-bus,  upon  or  along  any  street  or  highway  within 
the  City  of  Phoenix,  or  who  shall  operate  any  such  vehicle 
or  car  in  a reckless  or  dangerous  manner,  or  who  shall 
in  any  manner  whatsoever  violate  this  ordinance  or  the 
traffic  ordinances,  laws,  or  regulations  of  the  City  of 
Phoenix,  shall  forfeit  his  right  to  the  city  operator’s  badge 
and  identification  card  hereinbefore  provided  for,  if  such 
violator  be  an  operator  or  chauffeur,  and  any  owner  of 
auto-carriage,  auto-stage  or  auto-bus,  thereafter  permit-  Reckless 
ting  such  chauffeur  or  operator  to  operate  or  remain  in  Driving 
charge  of  such  motor  vehicle  shall  forfeit  the  permit  issued 
for  the  vehicle  so  operated;  and  if  such  violator  be  such 
motorman  or  conductor,  he  shall  be  guilty  of  a misde- 
meanor. 

Sec.  12.  Any  permit  issued  under  the  provisions  cancellation  of 
hereof  or  of  any  other  ordinances  of  the  city  may  and  Permit 
shall  be  revoked  and  canceled  by  the  City  Commission  for 
any  violation  of  the  provisions  of  this  ordinance,  or  for 


130 


City  Ordinances 


General 

Penalty 


the  failure  to  pay  any  judgment  for  damages  arising  from 
the  unlawful  or  negligent  operation  of  the  motor  vehicle 
for  which  the  permit  was  issued,  or  for  any  violation  of 
the  traffic  ordinances  and  regulations  of  the  City  of 
Phoenix,  or  of  the  laws  of  the  State  of  Arizona  now  in 
force  or  hereafter  adopted,  and  the  City  Commission, 
whenever  in  their  opinion  the  public  interest  and  safety 
may  require,  may  revoke  any  permit  issued  under;  the 
provisions  of  this  ordinance  or  of  any  ordinance  of  the 
City  of  Phoenix. 

Sec.  13.  Each  and  every  person,  firm,  association  or 
corporation  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  be  punished  by  a fine  of  not  more 
than  one  hundred  dollars  ($100.00)  or  by  imprisonment 
in  the  City  Jail  for  a period  of  not  more  than  three 
months,  or  by  both  such  fine  and  imprisonment. 

See.  14.  All  ordinances  and  parts  of  ordinances  in 
conflict  herewith  are  hereby  repealed  and  this  ordinance 
shall  be  in  full  force  and  effect  from  and  after  its  passage 
by  the  Commission  and  its  approval  by  the  Mayor,  and 
publication  and  posting  as  required  by  the  City  Charter. 

WHEREAS,  the  present  ordinances  of  the  City  of 
Phoenix  are  inadequate,  and  it  is  therefore  necessary  for 
the  protection  of  the  public  peace,  health  and  safety  that 
this  ordinance  shall  become  immediately  effective; 

NOW,  THEREFORE,  an  emergency  is  hereby  de- 
clared to  exist  and  this  ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  by  the  Commission, 
approval  by  the  Mayor,  and  publication  and  posting  as 
required  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
19th  day  of  January,  1916. 

Approved  this  19th  day  of  January,  1916. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  141. 

An  Ordinance  authorizing  the  City  Manager  to  permit 
auto-carriages  and  auto-busses  to  operate  between 
points  within  the  City  of  Phoenix  and  places  of  public 
resort,  recreation  and  amusement  within  or  without 
the  City  of  Phoenix  upon  public  holidays  and  upon 
other  occasions  when  the  public  comfort  and  con- 
venience so  require,  and  making  it  unlawful  for  any 
auto-bus  or  auto-stage  to  solicit  passengers  on  the 
streets  of  Phoenix,  with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  on  all  public  holidays  and  on  other 
occasions  when  the  public  comfort  and  convenience  so 
requires,  the  City  Manager  may  permit  any  auto-carriage 
then  operating  under  the  provisions  of  the  ordinances  of 
the  City  of  Phoenix  to  be  operated  between  points  within 


City  of  Phoenix 


131 


the  City  of  Phoenix  and  places  of  public  resort,  recreation 
or  amusement  within  or  without  the  City  of  Phoenix  as 
auto-busses  for  the  carriage  of  passengers  for  hire  be- 
tween such  points;  and  he  may  permit  any  auto-bus  then 
operating  under  the  provisions  of  the  ordinances  of  the 
City  of  Phoenix  to  be  diverted  from  such  route  as  it  may 
then  be  traversing  to  be  operated  between  points  within 
the  City  of  Phoenix  and  places  of  public  resort,  recreation 
or  amusement  within  or  without  the  City  of  Phoenix  for 
the  carriage  of  passengers  for  hire  between  such  points. 

Sec.  2.  Before  any  auto-carriage  or  auto-bus  may 
take  advantage  of  the  provisions  of  the  foregoing  section, 
the  owner  or  operator  thereof  shall  apply  for  and  receive 
from  the  City  Manager  a special  permit  to  so  operate 
such  auto-carriage  or  auto-bus,  and  such  permit  shall  be 
issued  only  on  condition  that  the  operator  of  the  auto- 
carriage or  auto-bus  shall  obey  all  orders  of  the  City 
Manager  in  regard  to  route  or  routes  to  be  traveled, 
schedule  to  be  maintained,  fare  to  be  charged  and 
termini  between  which  such  vehicle  may  run;  however, 
that  in  no  event  shall  the  maximum  fare  to  be  charged 
for  the  carriage  of  passengers  on  auto-busses  as  provided 
by  ordinances  of  the  City  of  Phoenix  be  exceeded;  and 
provided  further  that  all  ordinances  of  the  City  of  Phoenix 
relative  to  the  use  of  the  streets  of  the  City  of  Phoenix 
by  auto-carriages  and  auto-busses  be  obeyed.  And  it  shall 
be  a misdemeanor  for  any  person  having  the  charge,  man- 
agement or  control  of  any  auto-carriage  or  auto-bus 
operating  under  the  provisions  of  this  ordinance  to 
refuse,  fail  or  neglect  to  obey  the  orders  of  the  City 
Manager  given  as  provided  in  this  ordinance. 

Sec.  3.  It  shall  be  unlawful  for  any  auto-bus,  auto- 
carriage or  auto-stage  to  be  driven  or  propelled  over  or 
along  any  of  the  streets  of  the  City  of  Phoenix  in  the 
solicitation  of  passengers,  but  all  such  vehicles  shall, 
between  trips,  be  kept  at  such  stand  as  may  have  been 
allotted  to  it  by  the  City  Manager,  and  it  shall  . be  un- 
lawful for  any  person  operating,  controlling  or  riding 
upon  any  auto-carriage,  auto-bus  or  auto-stage  to  cry  out 
upon  the  streets  of  the  City  of  Phoenix  the  destination 
of  any  such  vehicle,  the  fare  charged,  or  in  any  manner 
by  word  of  mouth  to  call  the  attention  of  the  public  to 
such  vehicle  or  its  destination  for  the  purpose  of  securing 
passengers,  while  such  vehicle  is  being  driven  or  propelled 
upon  the  streets  of  the  City  of  Phoenix. 

Sec.  4.  The  terms  auto-carriage,  auto-bus  and  auto- 
stage as  used  in  this  ordinance  shall  be  taken  to  mean 
the  same  classes  of  vehicles  as  defined  by  Ordinance  No. 
105  (New  Series)  of  the  City  of  Phoenix. 

WHEREAS,  the  necessity  exists  for  the  immediate  regu- 
lation of  vehicles  carrying  passengers  from  points  within 
the  City  of  Phoenix  to  places  of  public  resort,  recreation 
and  amusement;  and, 

WHEREAS,  the  immediate  necessity  exists  for  the 
regulation  of  the  use  of  the  streets  by  vehicles,  auto- 
carriages, auto-busses  and  auto-stages  in  the  solicitation 
of  passengers  for  such  vehicles,  and  the  public  safety 


132 


City  Ordinances 


requires  the  suppression  of  such  practice;  and, 

WHEREAS,  it  is  necessary  for  the  preservation  of 
the  public  peace,  health,  safety  and  comfort  that  this 
ordinance  take  immediate  effect,  an  emergency  is  hereby 
declared  to  exist,  and  this  ordinance  shall  be  exempted 
from  the  provisions  of  the  referendum  and  shall  take 
effect  and  be  in  full  force  and  effect  from  and  after  its 
passage  by  the  Commission,  approval  by  the  Mayor,  and 
publication  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  7th  day  of  July,  1916. 

Approved  this  7th  day  of  July,  1916. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk 


ORDINANCE  NO.  151. 

An  Ordinance  prohibiting  drivers  of  auto-carriages,  auto- 
busses, auto-stages,  busses,  carriages,  job  wagons  or 
express  wagons  from  soliciting  passengers,  freight  or 
baggage  from  incoming  trains,  by  word  of  mouth, 
providing  for  permits  for  the  carrying  on  of  such 
business,  the  allotment  of  stands  for  such  vehicles, 
and  providing  penalties  for  violations  of  the  pro- 
visions thereof. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  having 
the  charge,  management  or  control  of  any  auto-carriage, 
auto-bus,  auto-stage,  bus,  carriage,  job  wagon  or  express 
wagon  to  advertise  such  vehicle  or  call  attention  thereto 
by  word  of  mouth,  upon  any  street,  alley  or  public  place 
within  the  City  of  Phoenix  for  the  purpose  of  attracting 
the  attention  of,  or  securing  the  patronage  of  passengers 
from  incoming  trains. 

Sec.  2.  Any  person  having  the  charge,  management 
or  control  of  any  auto-carriage,  auto-bus,  auto-stage, 
bus,  carriage,,  job  wagon  or  express  wagon  who  desires  to 
operate  such  vehicle  for  the  purpose  of  carrying  passen- 
gers, freight  or  baggage  from  incoming  trains  at  the 
several  railroad  depots  in  the  City  of  Phoenix  to  points 
within  or  without  the  City  of  Phoenix,  for  hire  or  other- 
wise, shall,  before  engaging  in  such  business,  apply  for 
and  receive  from  the  City  Manager  a permit  so  to  do,  and 
the  City  Manager  shall,  upon  the  granting  of  such  permit, 
allot  such  permittee  such  stand  in  the  vicinity  of  the 
several  depots  as  to  him  may  seem  proper.  Such  allot- 
ment may  be  made  by  the  said  City  Manager  in  such 
manner  and  by  such  method  as  to  him  may  seem  just,  and 
any  person  other  than  the  allottee  using  such  stand  there- 
after without  the  consent  of  the  allottee  thereof  shall  be 
guilty  of  a misdemeanor. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a fine  of  not 


City  of  Phoenix 


133 


more  than  twenty-five  dollars,  or  by  imprisonment  in  the 
City  Jail  for  a period  of  not  more  than  thirty  days,  or 
by  both  such  fine  and  imprisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
2nd  day  of  August,  A.  D.  1916. 

Approved  this  2nd  day  of  August,  1916. 

PETER  CORPSTEIN, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  193. 

An  Ordinance  providing  for  the  placing  of  bicycles  in 
racks  on  the  streets,  alleys  and  sidewalks  of  the  City 
of  Phoenix,  authorizing  the  police  to  take  and  im- 
pound any  bicycle  left  standing  at  the  curb  or  other 
place,  and  providing  for  the  payment  of  a fee  on 
recovery  of  such  bicycle  by  the  owner. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Wherever  racks  for  the  holding  of  bicycles 
are  placed  on  any  street,  alley  or  sidewalk  of  the  City 
of  Phoenix,  by  the  City  Manager,  each  person  desiring 
to  stand  or  leave  any  bicycle  within  one  hundred  feet  of 
any  such  rack  must  use  the  same  and  shall  not  be  per- 
mitted to  stand  or  lean  such  bicycle  against  any  curb, 
pole,  post,  railing  or  wall  within  said  distance  of  any 
such  rack. 

Sec.  2.  It  shall  be  the  duty  of  every  police  officer 
of  the  City  of  Phoenix  to  take  and  impound  any  bicycle 
left  standing  against  any  curb,  pole,  post,  railing  or  wall 
in  the  City  of  Phoenix  one  hundred  feet  of  any  rack 
referred  to  in  Section  1 of  this  ordinance.  Any  bicycle 
so  taken  and  impounded  shall  be  returned  to  the  owner 
thereof  only  upon  identification  thereof  by  such  owner 
and  upon  payment  of  a fee  of  one  dollar  by  such  owner. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
first  day  of  August,  1917. 

Approved  this  first  day  of  August,  1917. 

* 

Attest:  Mayor. 

, City  Clerk. 


ORDINANCE  NO.  312 

An  Ordinance  regulating  traffic  and  travel  upon  the 
public  streets  of  the  City  of  Phoenix,  repealing  Ordi- 
nances Nos.  24,  178  and  156,  New  Series,  of  the  City 
of  Phoenix,  together  with  all  ordinances  and  parts  of 
ordinances  in  conflict  herewith. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  The  following  terms,  whenever  used  in 
this  Ordinance,  except  as  otherwise  specifically  indicated, 
shall  be  deemed  to  have  and  shall  be  held  to  include  each 
of  the  meanings  respectively  set  thereafter  in  this  section : 


134 


City  Ordinances 


Street:  Every  avenue,  boulevard,  highway,  roadway, 

lane,  alley,  strip,  path,  square  or  place  used  by  or  laid 
out  for  the  use  of  vehicles. 

Intersecting  Street:  Any  street,  except  alleys,  which 

joins  another  street  at  an  angle,  whether  or  not  it  crosses 
the  other  street. 

Curb : The  lateral  boundaries  of  that  portion  of  a 

street  designated  and  intended  for  the  use  of  vehicles, 
whether  marked  by  curb  construction  of  stone,  cement, 
concrete  or  other  material  or  not  so  marked. 

Motor  Vehicle:  Shall  include  all  vehicles  propelled 

otherwise  than  by  muscular  power,  except  trailers  and  such 
vehicles  as  are  run  upon  stationary  rails  or  tracks. 

Motorcycle:  Shall  include  all  motor  vehicles  designed 

to  travel  on  not  more  than  three  wheels  in  contact  with  the 
ground  and  of  not  exceeding  ten  horsepower  and  not  ex- 
ceeding the  weight  of  five  hundred  pounds  unladen. 

Vehicle:  Shall  include  every  wagon,  hack,  coach,  car- 

riage, omnibus,  bicycle,  tricycle,  automobile,  cycle  car,  mo- 
torcycle, truck,  trailer,  traction  engine,  tractor  or  other 
conveyance  or  contrivance  for  moving  persons,  animals  or 
things  in  whatever  manner  and  by  whatever  form  or  power 
the  same  may  be  ridden,  driven,  propelled,  drawn  or  moved, 
which  is  ridden,  driven,  propelled,  drawn  or  moved  on  the 
public  street,  including  implements  of  husbandry  tempor- 
arily drawn,  propelled  or  moved  on  the  public  street,  and 
excepting  only  conveyances  drawn  or  propelled  by  pedes- 
trians, and  railroad,  street  or  interurban  cars,  engines  and 
motors  moving  upon  stationary  rails  and  tracks. 

Driver:  Every  rider  or  driver  of  an  animal,  a rider 

of  a bicycle  or  tricycle,  the  operator  of  a motor  vehicle, 
the  person  in  charge  or  control  of  any  animal  or  vehicle. 

Drive:  To  ride,  drive,  propel,  control  or  operate. 

Animal:  Every  horse,  pony,  donkey,  mule,  burro  or 

other  animal  ridden  or  driven  or  capable  of  being  guided 
by  reins  or  voice. 

Business  District:  Those  certain  streets  and  portions 

of  streets  in  the  City  of  Phoenix  described  as  follows: 
Van  Buren,  Monroe,  Adams,  Washington,  Jefferson,  Mad- 
ison, Jackson  streets,  from  the  east  boundary  line  of 
Seventh  street  to  the  west  boundary  line  of  Seventh 
avenue;  First,  Second,  Third,  Fourth,  Fifth,  Sixth  and 
Seventh  avenues  from  the  northern  boundary  line  of  Van 
Buren  street  to  the  southern  boundary  line  of  Jackson 
street;  First,  Second,  Third,  Fourth,  Fifth,  Sixth  and 
Seventh  streets  from  the  southern  boundary  line  of  Jqck- 
son  street  to  the  northern  boundary  line  of  Van  Buren 
street;  and  Central  avenue  from  the  southern  line  of 
Buchanan  street  to  the  northern  boundary  line  of  Roose- 
velt street;  all  alleys,  courts  and  places  in  that  portion 
of  the  City  of  Phoenix  bounded  by  Van  Buren  street, 
Seventh  street,  Jackson  street  and  Seventh  avenue;  Sev- 
enth avenue  from  the  north  line  of  Van  Buren  street  to 
the  north  line  of  Polk  street;  Grand  avenue  from  the 
northern  boundary  line  of  Van  Buren  street  to  the  north 
boundary  line  of  Polk  street. 

Congested  District:  Those  certain  streets  and  por- 


City  of  Phoenix 


135 


tions  of  streets  in  the  City  of  Phoenix  described  as  fol- 
lows: Van  Buren,  Monroe,  Adams,  Washington  and  Jef- 

ferson streets,  between  the  east  line  of  Fourth  street  and 
the  west  line  of  Fifth  avenue;  First,  Second,  Third  and 
Fourth  streets,  and  First,  Second,  Third,  Fourth  and  Fifth 
avenues  between  the  south  boundary  line  of  Madison 
street  and  the  north  boundary  line  of  Van  Buren  street; 
Central  avenue  between  the  south  boundary  line  of 
Buchanan  street  and  the  north  boundary  line  of  Filmore 
street. 

Sec.  2.  (a)  The  driver  or  operator  of  any  vehicle  in 
or  upon  any  public  street  shall  drive  or  operate  _ such 
vehicle  in  a careful  manner,  with  due  regard  for  the 
safety  and  convenience  of  pedestrians  and  of  all  vehicles 
or  traffic  upon  such  street,  and  wherever  practicable  shall 
travel  on  the  right  hand  side  of  such  street. 

Two  vehicles  which  are  passing  each  other  in  opposite 
directions  shall  have  the  right  of  way,  and  no  other 
vehicle  to  the  rear  of  either  of  such  two  vehicles  shall 
pass,  or  attempt  to  pass,  such  two  vehicles. 

On  all  occasions  the  driver  or  operator  of  any  vehicle 
in  or  upon  any  public  street  shall  travel  upon  the  right 
half  of  such  street  unless  the  road  ahead  on  the  left 
hand  side  is  clear  and  unobstructed  for  at  leastr  100 
feet  ahead,  and  in  all  cases  while  crossing  an  intersecting 
street. 

(b)  Vehicles  proceeding  in  opposite  directions  shall 
pass  each  other  to  the  right. 

(c)  Vehicles  overtaking  each  other  proceeding  in 
the  same  direction  shall  pass  to  the  left  and  shall  not 
again  drive  to  the  right  until  reasonably  clear  of  such 
overtaken  vehicle.  It  shall  be  the  duty  of  the  driver, 
rider  or  operator  of  a vehicle  about  to  be  overtaken  and 
passed  to  give  way  to  the  right  in  favor  of  the  overtaking 
vehicle  on  suitable  and  audible  signal  being  given  by  or 
on  behalf  of  the  operator,  driver  or  other  person  in 
charge  or  control  of  such  overtaking  vehicle,  and  it  shall 
be  the  duty  of  the  operator,  driver,  or  other  person  in 
charge  and  control  of  such  overtaking  vehicle  to  give 
suitable  and  audible  signal  when  overtaking  or  passing 
the  vehicle  ahead. 

(d)  Vehicles  must  be  operated  so  as  to  allow  a safe 
distance  between  such  vehicles  and  any  persons,  vehicles 
or  animals  preceding  them  upon  the  street. 

(e)  The  operator  of  a vehicle  shall  yield  the  right  of 
way  at  the  intersection  of  their  paths  to  a vehicle  ap- 
proaching from  the  right,  unless  such  vehicle  approaching 
from  the  right  is  farther  from  the  point  of  intersection 
of  their  paths  than  the  first-named  vehicle ; provided, 
however,  that  all  funeral  and  other  processions  and  parades 
shall  at  all  times  have  the  right  of  way  at  all  street  inter- 
sections regardless  of  anything  herein  to  the  contrary. 

(f)  Any  vehicle  traveling  on  a public  street  which 
is  divided  longitudinally  by  a parkway  or  an  isle  of  safety 
shall  keep  to  the  right  of  such  parkway  or  isle  of  safety. 

(g)  All  vehicles  approaching  the  intersection  .of  a 


Reckless 

Driving 


Right  of 
Way 


Ordinance  465 


Isles  of 
Safety 


Turning  at 
Intersection 


136 


City  Ordinances 


Frightening 

Animals 


Passing  In 
Intersection 


Slow  Moving 
Vehicle 


Loads 


Stopping  and 
Turning 


public  street  with  the  intention  of  turning  thereat  shall, 
in  turning  to  the  right,  keep  to  the  right  of  the  center  of 
such  intersection,  and  in  turning  to  the  left  shall  run 
beyond  the  center  of  such  intersection,  passing  to  the 
right  thereof  before  turning  such  vehicle  toward  the  left. 
For  the  purposes  of  this  subdivision  the  center  of  such 
intersection  shall  be  held  to  mean  the  meeting  point  *of 
the  medial  lines  of  the  two  streets  traversed  by  the 
vehicle  making  the  turn. 

(h)  In  passing  and  overtaking,  such  assistance  shall 
be  given  by  the  occupants  of  each  vehicle  respectively  to 
the  other  as  the  circumstances  shall  reasonably  demand  in 
order  to  obtain  clearance  and  avoid  accidents;  every  per- 
son having  control  or  charge  of  any  motor  vehicle  or  other 
vehicle  upon  any  public  street  and  approaching  any 
vehicle  drawn  by  a horse  or  horses  or  any  horse  upon 
which  any  person  is  riding,  shall  operate,  manage  and 
control  such  vehicle  in  such  manner  as  to  exercise  every 
reasonable  precaution  to  prevent  the  frightening  of  such 
horse  or  horses  and  to  insure  the  safety  of  any  person 
riding  or  driving  the  same. 

(i)  The  operator  of  any  vehicle  shall  not  operate  or 
drive  the  same  so  as  to  pass  or  overtake  any  other 
vehicle  going  in  the  same  direction  at  any  street  inter- 
section unless  directed  so  to  do  by  a traffic  or  police 
officer. 

(j)  The  person  in  control  of  any  vehicle  moving 
slowly  along  any  street  shall  keep  such  vehicle  as  closely 
as  practicable  to  the  right  hand  curb  of  such  street,  allow- 
ing the  more  swiftly  moving  vehicles  reasonably  free 
passage  to  the  left. 

(k)  No  person  shall  operate  or  drive  any  motor 
vehicle  that  is  so  loaded,  covered  or  constructed  as  to 
obscure  the  driver’s  view  of  the  street  to  the  rear,  nor 
any  vehicle  which  is  so  loaded,  covered  or  constructed 
that  any  portion  thereof  to  the  rear  of  the  driver  projects 
more  than  twelve  inches  beyond  the  extreme  left  side 
of  the  driver’s  seat  unless  there  be  placed  on  such  vehicle 
a mirror  so  located  as  to  reflect  to  the  driver  a view  of 
the  street  for  at  least  one  hundred  feet  behind  such 
vehicle. 

(l)  The  person  in  charge  of  any  vehicle  in  or  upon 
any  public  street,  before  turning,  stopping  or  changing 
the  course  of  such  vehicle,  and  before  turning  such  vehicle 
when  starting  the  same,  shall  see  first  that  there  is  suffi- 
cient space  for  such  movement  to  be  made  in  safety,  and 
if  the  movement  or  operation  of  other  vehicles  may  rea- 
sonably be  affected  by  such  turning,  stopping  or  changing 
of  course,  shall  give  plainly  visible  signal  to  the  persons 
operating,  driving  or  in  charge  of  such  vehicles  of  his 
intention  so  to  turn,  stop  or  change  his  course,  either  by 
the  use  of  his  hand  and  arm,  which  shall  be  visible  from 
the  rear,  or  by  the  use  of  an  approved  mechanical  or 
electric  device. 


City  of  Phoenix 


137 


When  the  signal  required  by  this  section  is  given  by 
the  use  of  the  hand  and  arm  the  intention  to  turn  such 
vehicle  toward  the  right  or  the  left  shall  be  indicated  by 
extending  the  hand  and  arm  horizontally  from  and  be- 
yond the  side  of  the  vehicle  toward  which  the  turn  is  to 
be  made,  or  by  extending  the  hand  and  arm  vertically 
with  the  hand  pointing  upward  from  the  side  opposite  the 
direction  to  which  the  turn  is  to  be  made;  when  the 
signal  to  be  given  is  to  indicate  the  intention  of  a vehicle 
to  stop  or  to  abruptly  or  suddenly  check  its  speed,  such 
signal,  if  given  with  the  hand  and  arm,  shall  be  given 
by  extending  the  hand  and  arm  out  from  and  beyond 
either  side  of  the  vehicle  and  pointed  in  a downward 
direction. 

(m)  In  passing  any  railroad,  interurban  or  street 
car  while  passengers  are  alighting  from  or  boarding  the 
same,  vehicles  shall  be  operated  or  driven  on  the  right 
hand  side  of  such  cars  and  at  a rate  of  speed  not  exceed- 
ing ten  miles  an  hour,  and  no  portion  thereof  or  of  any 
load  thereon  shall  come  within  six  feet  of  the  running 
board  of  the  steps  of  such  cars  and  shall  be  at  all  times 
operated  with  due  care  and  caution  so  that  the  safety  of 
such  passengers  shall  be  assured;  provided,  however,  where 
there  have  been  plainly  marked  upon  the  surface  of  the 
street  safety  zones  for  the  protection  of  such  passengers, 
vehicles  shall  not  at  any  time  be  operated  or  driven  within 
said  zones;  and  provided  further,  that  such  safety  zones 
shall  only  be  marked  at  street  corners  or  at  other  regu- 
larly established  stations  or  stopping  places  of  such  rail- 
road, interurban  or  street  cars,  and  shall  not  extend  be- 
yond seven  feet  from  the  outer  rail  toward  the  curb. 

(n)  No  vehicle  except  vehicles  operated  by  the  Fire 
Department  or  Police  Department  shall,  within  the  busi- 
ness district,  be  turned  so  as  to  proceed  in  the  opposite 
direction  except  at  an  intersection.  In  so  turning,  vehicles 
shall  pass  beyond  and  around  the  center  of  the  inter- 
section. 

(o)  Police  and  Fire  Department  vehicles  and  am- 
bulances shall  at  all  times  be  equipped  with  a siren,  and 
it  shall  be  unlawful  for  any  other  vehicle  to  be  so  equipped 
with,  or  to  use,  such  a device. 

(p)  Ambulances  and  vehicles  of  the  Police  or  Fire 
Department  shall  in  all  cases,  while  being  operated  as 
such,  have  the  right  of  way  over  all  other  vehicles 
with  due  regard  to  the  safety  of  the  public ; but  this  provision 
shall  not  protect  the  driver  or  operator  of  such  vehicle 
from  the  conseouences  of  the  arbitrary  exercise  of  this 
right,  nor  shall  it  be  construed  as  permitting  the  violation 
by  the  operator  of  any  such  vehicle  of  any  of  the 
provisions  of  Section  2 of  this  ordinance,  except  the 
operators  of  police  vehicles  when  such  vehicles  are  being 
operated  in  the  pursuit  or  apprehension  of  violators  of  the 
law  or  persons  charged  with  or  suspected  of  any  such 
violation. 

(q)  Upon  the  approach  of  any  police  or  fire  depart- 
ment vehicle  or  ambulance,  it  shall  be  the  duty  of  the 


Arm 

Signals 


Passing 
Street  Car 


Turning  at 
Intersections 


Sirens 


Police,  Fire 
Department 
Vehicles  and 
Ambulances 


138 


City  Ordinances 


Fire  Plug 


Width  of 
Tread  and 
Load 


Repairing  on 
Streets 


operator  of  any  street  car,  upon  the  sounding  of  a signal 
by  said  vehicle,  to  stop  such  street  car  forthwith  unless  at 
the  time  such  street  car  is  crossing  an  intersection  of  a 
public  street,  in  which  event  it  shall  be  operated  so  as  to 
clear  the  intersection  of  the  street  and  then  stopped,  and 
every  other  vehicle  shall  immediately  be  moved  to  a posi- 
tion as  near  as  possible  and  parallel  to  the  right  hand 
curb  and  shall  remain  in  such  position  until  the  police  or 
fire  department  apparatus  or  ambulance  has  passed  such 
vehicle;  and  provided  that  no  vehicle  or  street,  interiirban 
or  steam  car  be  driven  to  or  permitted  to  stand  within  a 
distance  of  one  block  in  any  direction  of  any  block 
on  which  there  may  be  a fire  where  any  apparatus  of 
the  fire  department  is  situated  for  the  purpose  of  extin- 
guishing any  fire  or  guarding  any  premises  on  which 
there  may  have  been  a fire. 

(r)  No  person  shall  hitch  or  leave  standing  or  cause 
or  permit  to  be  hitched  or  left  standing  any  animal,  or 
leave  standing  or  cause  or  permit  to  be  left  standing  any 
vehicle,  or  stop  or  cause  or  permit  to  be  stopped  any 
vehicle  at  any  time  upon  any  street  within  fifteen  feet  of 
any  fire  hydrant  located  upon  such  street  or  sidewalk 
unless  such  animal  or  vehicle  is  under  the  charge  of  some 
person  capable  of  driving  or  operating  the  same. 

(s)  No  motor  or  other  vehicle  as  defined  in  this 
Ordinance  shall  be  operated  or  driven  on  or  over  any 
public  street  if  the  outside  width  of  tread  exceeds  one 
hundred  twelve  inches  or  if  the  total  outside  width  of  the 
bed  of  said  vehicle  and  load  thereon  shall  exceed  one 
hundred  two  inches,  nor  shall  any  automobile  be  operated 
on  or  over  any  public  street  if  any  luggage,  package, 
trunk,  crate,  box  or  other  load  carried  thereon  extends  to 
the  left  side  more  than  twelve  inches  beyond  the  body  of 
such  automobile;  provided,  however,  that  the  regulations 
and  limitations  herein  prescribed  relative  to  the  maximum 
widths  of  vehicles  and  their  ljoads  shall  not  apply  to  im- 
plements of  husbandry  temporarily  drawn,  propelled  or 
moved  upon  the  street;  and  provided  further,  that  loads 
not  exceeding  ten  feet  in  width  of  loosely  piled  material 
not  crated,  baled,  boxed,  sacked,  or  carried  otherwise 
than  loosely  in  bulk,  may  be  carried  upon  vehicles  in 
the  street;  provided,  that  the  extreme  width  of  such 
vehicles,  including  any  loading  racks  thereon,  shall  not 
exceed  one  hundred  twenty  inches,  as  hereinbefore  pre- 
scribed. 

(t)  No  person  shall  leave  standing,  or  cause  or 
permit  to  be  left  standing,  upon  the  main-traveled  portion 
of  any  public  street  a vehicle  undergoing  repair  or  which 
has  been  stopped  for  the  purpose  of  having  repairs  made 
thereon ; provided,  however,  that  this  provision  shall  not 
apply  to  a vehicle  which  shall  be  disabled  while  on  such 
main-traveled  portion  of  the  street,  in  such  manner  and 
to  such  extent  that  it  shall  be  impossible  to  avoid  stopping 
such  vehicle  on  such  main-traveled  portion  of 'such  street 
and  impracticable  to  remove  the  same  until  repairs  shall 
have  been  made. 


City  of  Phoenix 


139 


(u)  The  provisions  of  subdivisions  (a),  (b),  (c), 

(d),  (e),  (f),  (g),  (h),  (i)  and  (j)  of  this  section  shall 
be  applicable  to  the  rider  of  every  animal  ridden  upon 
the  public  street  to  the  end  and  effect  that  the  same 
duties,  rules  and  regulations  imposed  thereon  upon  the 
drivers  or  operators  of  vehicles  upon  the  public  streets, 
including  the  care  to  be  executed  in  driving  or  operating 
vehicles,  the  portion  of  the  street  upon  which  they  shall 
travel,  the  right  of  way  as  between  vehicles  passing  or 
overtaking  each  other,  or  upon  approaching  intersections, 
the  duty  of  giving  away  in  favor  of  overtaking  vehicles, 
the  manner  of  turning  at  intersections  and  at  other  places 
upon  the  street,  and  of  stopping  or  changing  the  course  of 
the  vehicles  and  the  duties  imposed  upon  operators  or 
drivers  of  vehicles  in  passing  railroad,  interurban  or  street 
cars,  shall  be  imposed,  and  they  are  hereby  imposed,  upon 
the  riders  of  animals  upon  the  public  streets. 

(v)  No  vehicle  shall  be  operated  on  any  public 
street  unless  it  is  so  constructed  as  to  prevent  its  con- 
tents from  dropping,  sifting,  leaking  or  otherwise  escaping 
from  such  vehicle. 

(w)  It  shall  be  unlawful  for  any  person  to  leave 
standing,  or  cause  or  permit  to  be  left  standing,  any 
animal  or  vehicle  in  any  street  within  twenty-five  feet  of 
a point  on  the  curb  opposite  the  entrance  of  any  hospital, 
or  in  that  portion  of  the  street  in  front  of  the  lobby  of 
any  theater  or  entrance  of  any  office  building,  or  within 
ten  feet  on  each  side  of  the  prolongation  of  the  side 
lines  of  such  lobby  during  the  presentation  of  any  play, 
opera,  or  entertainment  in  such  theater. 

Sec.  3.  Any  person  operating  or  driving  a motor  or 
other  vehicle  on  the  public  streets  shall  operate  or  drive 
the  same  in  a careful  and  prudent  manner  and  at  a rate 
of  speed  not  greater  than  is  reasonable  and  proper,  having 
regard  to  the  traffic  and  the  use  of  the  street,  and  no 
person  shall  operate  or  drive  any  vehicle  on  a street  at 
such  rate  of  speed  as  to  endanger  Jthe  life  or  limb  of  any 
person  or  the  safety  of  any  property;  provided,  that  it 
shall  be  unlawful  to  operate  or  drive  any  motor  vehicle 
within  the  congested  district  at  a rate  of  speed  in  excess 
of  fifteen  miles  per  hour,  or  without  the  congested  dis- 
trict and  in  the  business  district  at  a rate  of  speed  in 
excess  of  twenty  miles  per  hour,  and  in  all  other  portions 
within  the  city  at  a rate  of  speed  in  excess  of  twenty-five 
miles  per  hour;  and  no  person  shall  operate  or  drive  a 
motor  or  other  vehicle  upon  any  street  at  a greater  rate 
of  sneed  than  ten  miles  an  hour  in  traversing  any  steam, 
electric  or  other  railway  crossing  at  grade,  or  while 
traversing  any  block  on  which  there  is  situate  a public 
school,  or  church  during  hours  of  worship. 

Sec.  4.  Every  motor  vehicle  shall  be  equipped  with 
a bell,  gong,  horn,  whistle,  or  other  device  in  good  work- 
ing order,  capable  of  emitting  an  abrupt  sound  adequate 
in  quality  and  volume  to  give  warning  of  the  approach 
of  such  vehicle  to  pedestrians  and  to  the  riders  or  drivers 
of  animals  or  of  other  vehicles  and  to  persons  entering  or 
leaving  street,  interurban  and  railroad  cars.  Every  person 


Hotel,  Theater 
and  Office 
Buildings 


Reckless  Driving 


Speed  Limits 


Warning- 

Device 


140 


City  Ordinances 


Brakes 


Ordinance  535 

Vehicles 

Prohibited 


Muffler 


Intoxication, 

Drugs 


Penalty 


Standing  in 
Street 


Stopping 

Vehicle 


operating  a motor  vehicle  shall  sound  said  bell,  gong,  horn, 
whistle  or  other  device  whenever  necessary  as  a warning 
of  danger,  but  not  at  other  times,  or  for  any  other 
purpose. 

Sec.  5.  All  motor  vehicles  must  be  provided  at  all 
times  with  adequate  brakes  kept  in  good  working  order. 

Sec.  6.  Other  than  on  vehicles  actually  engaged  at 
the  time  in  construction  or  repair  work  on  public  high- 
ways, no  tire  on  any  motor  or  other  vehicle  operated  or 
drawn  on  or  over  any  public  street  shall  have  on  its 
periphery  any  block,  stud,  flange,  cleat,  ridge,  bead  or 
any  other  protuberance  of  metal  or  wood  which  projects 
beyond  the  tread  or  traction  surface  of  the  tire,  and  no 
vehicle  or  implement  running  on  wheels  or  discs  shall  be 
operated,  driven,  drawn  or  propelled  over  or  along  any 
street  unless  the  periphery  of  such  wheel  or  disc  shall  be 
at  least  one  inch  in  width;  but  this  section  shall  not  be 
so. construed  as  to  prohibit  the  use  of  tire  chains  of  rea- 
sonable proportions  on  motor  vehicles  when  required  for 
safety,  by  reason  of  conditions  tending  to  cause  such 
motor  vehicle  to  slide  or  skid;  provided,  however,  that 
traction  engines  or  tractors,  the  propulsive  power  of  which 
is  exerted  not  through  wheels  resting  upon  the  ground, 
but  by  means  of  a flexible  band  or  chain,  known  as  a 
movable  track,  may  be  operated  upon  the  public  streets 
with  transverse  corrugation  upon  the  periphery  of  said 
movable  tracks,  on  condition  that  a permit  shall  first  have 
been  obtained  from  the  Superintendent  of  Streets  so  to  do. 

Sec.  7.  Every  motor  vehicle  must  have  devices  in 
good  working  order  which  shall  be  at  all  times  in  constant 
operation  to  prevent  excessive  or  unusual  noise,  annoying 
smoke  and  the  escape  of  gas,  steam  or  oil,  as  well  as  the 
falling  out  of  residue  from  fuel,  and  all  exhaust  pipes 
carrying  exhaust  gases  from  the  engine  shall  be  directed 
parallel  to  the  ground  or  slightly  upward.  Devices  known 
as  “muffler  cut-outs”  shall  not  be  used  within  the  limits 
of  the  city. 

Sec.  8.  No  person  who  is  under  the  influence  of 
intoxicating  liquor,  and  no  person  who  is  an  habitual  user 
or  under  the  influence  of  narcotic  drugs,  shall  operate-  or 
drive  a motor  or  other  vehicle  on  any  public  street  within 
the  city. 

Any  person  violating  the  provisions  of  this  section 
shall  be  punished  by  a fine  of  not  less  than  one  hundred 
dollars  and  by  imprisonment  in  the  City  Jail  for  a period 
of  not  less  than  ten  days. 

Sec.  9.  No  person  having  control  or  charge  of  a 
motor  vehicle  shall  allow  such  vehicle  to  stand  in  .any 
public  street  unattended  without  first  effectively  setting 
the  brakes  thereon  and  stopping  the  motor  of  said  vehicle. 

Sec.  10.  It  shall  be  unlawful  for  the  driver  of  any 
vehicle  to  stop  the  same,  or  to  cause  or  permit  the  same 
to  be  stopped  in  or  upon  any  street  unless  the  wheels  of 
such  vehicle  nearest  the  curb  are  not  more  than  one  foot 
distant  from  such  curb;  provided,  however,  that  the  pro- 
visions of  this  section  shall  not  apply  in  case  of  emer- 


City  of  Phoenix 


141 


gency  or  when  such  stop  is  made  for  the  purpose  of 
allowing  another  vehicle  or  street  car  or  interurban  rail- 
way car  or  pedestrian  to  pass  in  front  of.  such  vehicle  so 
stopping,  or  when  in  compliance  with  the  signal  or  order 
of  a police  officer. 

Sec.  11.  It  shall  be  unlawful  for  the  driver  of  any 
vehicle  standing  at  the  curb  of  any  street  to  fail  or 
refuse  to  give  way  promptly  to  a vehicle  that  has  stopped 
for  the  purpose  of  receiving  or  discharging  passengers, 
freight  or  merchandise,  or  to  give  way  promptly  to  any 
vehicle  under  the  control  of  the  City  of  Phoenix  em- 
ployed in  sweeping  or  sprinkling  or  in  collecting  garbage. 

Sec.  12.  The  driver  of  any  vehicle  entering  any  alley 
within  the  business  district  running  east  and  west  shall 
enter  such  alley  from  the  street  extending  along  the  easterly 
side  of  the  block  through  which  such  driver  desires  to 
pass;  the  driver  of  any  vehicle  entering  any  alley  within 
the  business  district  running  north  and  south  shall  enter 
such  alley  from  the  street  extending  along  the  northerly 
side  of  the  block  through  which  such  driver  desires  to 
pass;  and  it  shall  be  unlawful  for  any  person  to  drive,  or 
to  cause  or  permit  to  be  driven,  any  vehicle  in  an  easterly 
or  in  a northerly  direction  in,  along  or  upon  any  alley 
within  the  business  district,  or  to  leave  any  such  alley 
from  the  easterly  or  northerly  end  thereof ; and  in  no 
instance  shall  any  vehicle  be  backed  out  of  any  alley. 

Sec.  13.  It  shall  be  unlawful  for  any  person  to 
drive,  or  to  cause  to  be  driven,  in,  upon  or  along  any 
street  within  the  business  district  of  the  city,  any  vehicle 
in  a backward  direction. 

Sec.  14.  It  shall  be  unlawful  for  any  person  under 
the  age  of  sixteen  years  to  drive  any  motor  vehicle  in, 
upon,  along  or  over  any  public  street;  apd  it  shall  be  also 
unlawful  for  any  person  to  cause  or  permit  any  motor 
vehicle  to  be  driven  in,  upon,  over  or  along  any  public 
street  or  other  public  place  by  any  person  under  the  age 
of  sixteen  years. 

Sec.  15.  (a)  Where  there  is  not  sufficient  light 

within  the  lateral  boundaries  of  the  public  street  to  reveal' 
all  persons,  vehicles  or  other  substantial  objects  within 
said  boundaries  for  a distance  of  at  least  two  hundred 
feet,  and  all  times  during  the  period  from  a half  hour 
after  sunset  to  a half  hour  before  sunrise,  every  automo- 
bile while  on  the  public  street  shall  carry  at  the  front  at 
least  two  lighted  lamps,  and  every  such  automobile  and 
every  trailer,  at  the  times  and  under  the  conditions  in  this 
section  hereinbefore  specified,  shall  carry  at  the  rear  a 
lighted  lamp  exhibiting  a red  light  plainly  visible,  under 
normal  atmospheric  conditions,  for  a distance  of  five  hun- 
dred feet  toward  the  rear  and  so  constructed  and  placed 
that  the  number  plate  carried  on  the  rear  of  such  auto- 
mobile or  trailer  shall  be  illuminated  by  a white  light  in 
such  manner  that  the  number  thereon  can  be  plainly 
distinguished  under  normal  atmospheric  conditions  at  a 
distance  of  not  less  than  fifty  feet  toward  the  rear; 
provided,  however,  that  where  more  than  one  trailer  is 


City  Vehicles 


Alleys 


Parking 


Age 


Lights 


Tail  Lights 


142 


City  Ordinances 


Horse-Drawn 

Vehicles 


Bicycles 


. Motorcycles 


Motor  Trucks 


Overhanging 

Loads 


attached  to  a motor  vehicle,  only  the  rear  trailer  shall  be 
required  to  exhibit  said  light. 

At  the  times  and  under  the  conditions  in  this  section 
hereinbefore  specified,  all  other  vehicles,  except  bicycles, 
motorcycles  and  motor  trucks  of  two  tons  carrying  capacity 
or  over  which  are  so  governed  or  mechanically  constructed 
or  controlled  that  they  cannot  exceed  a speed  of  fifteen 
miles  an  hour,  shall  carry  one  or  more  lighted  red  lamps 
or  lanterns  so  arranged  that  said  red  lamp  or  lamps  shall 
be  visible  from  every  direction  for  a distance  of  not  less 
than  two  hundred  feet. 

(b)  At  the  times  and  under  the  conditions  in  this 
section  hereinbefore  specified,  every  bicycle  while  on  the 
public  highway  shall  carry  a lighted  lamp  visible  under 
normal  atmospheric  conditions  at  least  three  hundred  feet 
in  the  direction  toward  which  such  bicycle  is  faced,  and 
shall  also  carry  at  the  rear  of  such  bicycle  a reflex  mirror 
or  a lighted  lamp  exhibiting  a red  light  plainly  visible 
under  normal  atmospheric  conditions  for  a distance  of  at 
least  two  hundred  feet  toward  the  rear. 

(c)  At  the  time  and  under  the  conditions  in  this 

section  hereinbefore  specified,  every  motorcycle  while  on 
the  public  highway  shall  carry  at  the  front  at  least  one 
lighted  lamp  which  shall  give  a light  of  sufficient  power 
and  so  distributed  as  provided  in  subdivision  (f),  and 
shall  also  carry  at  the  rear  of  such  motorcycle  a lighted 
lamp,  exhibiting  a red  light  plainly  visible  under  normal 

atmospheric  conditions  for  a distance  of  at  least  two 

hundred  feet  toward  the  rear. 

(d)  At  the  time  and  under  the  conditions  in  this 

section  hereinbefore  specified,  every  motor  truck  of  two 
tons  carrying  capacity  or  over,  which  is  so  governed  or 
mechanically  constructed  or  controlled  that  it  cannot  ex- 
ceed a speed  of  fifteen  miles  per  hour,  shall  carry  at  the 
front  at  least  two  lighted  lamps  which  shall  be  visible  at 
least  two  hundred  feet  in  the  direction  in  which  the  motor 
truck  is  proceeding,  and  when  the  vehicle  is  proceeding 
on  a street  or  highway  not  so  lighted  as  to  reveal  any 
person,  vehicle  or  substantial  object  on  the  street  or  high- 
way straight  ahead  of  such  motor  truck  for  a distance 
of  at  least  two  hundred  feet,  such  front  light  shall  be 
sufficient  to  reveal  any  person,  vehicle  or  substantial  ob- 
ject on  the  road  straight  ahead  for  a distance  of  seventy- 
five  feet  or  over,  and  shall  be  equipped  with  a tail  light 
such  as  is  required  on  other  motor  vehicles. 

(e)  In  any  case  where  a motor  or  other  vehicle 
shall  be  loaded  with  any  material  in  such  a manner  that 
any  portion  of  such  load  extends  toward  the  rear  four 
feet  or  more  beyond  the  rear  of  the  bed  or  body  of  such 
vehicle,  there  shall  be  displayed  at  the  extreme  end  of  the 
load,  at  the  times  and  under  the  conditions  in  this  section 
hereinbefore  specified,  in  addition  to  the  ordinary  rear  or 
tail  light  hereinbefore  required  to  be  displayed  on  such 
vehicle,  a red  light  plainly  visible  under  normal  atmos- 
pheric conditions  at  least  two  hundred  feet  from  ihe 
rear;  provided,  further,  that  at  other  times  while  such 
vehicle  is  upon  the  highway  a red  flag  or  cloth  not  less 


City  of  Phoenix 


143 


than  sixteen  inches  in  length  nor  less  than  sixteen  inches 
in  width  shall  be  displayed  at  the  extreme  rear  end  of  said 
load  as  a warning  signal  to  persons  operating  vehicles 
approaching  from  the  rear. 

. (f)  At  the  times  and  under  the  conditions  in  this 
section  hereinbefore  specified  the  headlights  of  all  auto- 
mobiles upon  the  streets  shall  give  a light  of  sufficient 
power  and  so  distributed  as  provided  herein  in  addition 
to  and  irrespective  of  any  other  requirements  concerning 
headlights  in  this  section  contained.  The  term  “headlight” 
as  used  herein  shall  denote  any  light,  located  upon  any 
portion  of  the  said  motor  vehicle  other  than  on  the  wind- 
shield, the  windshield  supports  or  top  thereof,  the  rays  of 
which  are  projected  forward,  except  side  lights  of  not  to 
exceed  four  candle  power;  provided,  further,  anything  to 
the  contrary  notwithstanding,  that  where  there  is  suffi- 
cient light  within  the  lateral  boundaries  of  the  public 
street  to  reveal  all  persons,  vehicles  or  substantial  objects 
within  said  boundaries  for  a distance  of  two  hundred  feet, 
no  lights  shall  be  required  to  be  displayed  on  any  vehicle 
while  the  same  is  not  in  operation,  providing  that  a wheel 
of  such  standing  vehicle  nearest  the  sidewalk  is  located 
within  twelve  inches  of  such  sidewalk. 

(g)  The  headlights  of  motor  vehicles  shall  be  so 
arranged,  adjusted  and  constructed,  when  the  car  is  fully 
loaded,  that  any  pair  of  headlights  under  the  conditions 
of  use  must  produce  a light  which: 

1.  When  measured  on  a level  surface  on  which  the 
vehicle  stands  at  a distance  of  two  hundred  feet  directly 
in  front  of  the  car  and  at  some  point  between  the  said 
level  surface  and  a horizontal  passing  through  the  top 
of  the  headlight  reflector  or  lens  is  not  less  than  one 
thousand  two  hundred  apparent  candle  power. 

2.  When  measured  at  a point  one  hundred  feet 

directly  in  front  of  the  car,  and  at  a height  of  sixty 
inches  above  the  level  surface  on  which  the  vehicle^  stands, 
does  not  exceed  two  thousand  four  hundred  apparent 
candle  power,  nor  shall  this  value  be  exceeded  at  a 

greater  height  than  sixty  inches. 

3.  When  measured  at  a distance  of  one  hundred 

feet  ahead  of  the  car  and  seven  feet  or  more  to  the  left 
of  the  axis  of  same,  and  at  a height  of  sixty  inches  above 
the  level  surface  on  which  the  vehicle  stands,  does  not 
exceed  eight  hundred  apparent  candle  power. 

(h)  Any  device  or  adjustment  used  in  connection 

with  a light  upon  a motor  vehicle  to  enable  the  same  to 
comply  with  the  requirements  of  subdivision  (f)  hereof 
shall  not  be  used  upon  a motor  vehicle  operated  upon  the 
streets  of  this  city  until  the  same  shall  have  been  approved 
and  a minimum  and  maximum  candle  power  gas  filled  or 
vacuum  light  therein  to  be  used  specified  and  ordered  by 
the  City  Manager,  and  a proper  method  of  adjusting  such 
device  prescribed  by  the  City  Manager. 

(i)  The  term  “spot  lights”  as  used  herein  shall 
denote  any  light  fastened  to  the  windshield,  the  wind- 
shield support  or  top  of  a motor  vehicle,  the  rays  of 


Red  Flag 
Headlights 

Side  Lights 


When  Lights 
Not  Required 


Candle  Power 


Tests  of  Devices 
for  Controlling 


Spot  Lights 


144 


City  Ordinances 


Tampering  with 
Motor  Vehicle 


Climbing  Upon 
Motor  Vehicle 


Notice  of 
Dismantling 


Parking 


which  are  projected  forward,  except  side  lights  of  not  to 
exceed  four  candle  power. 

All  spot  lights  used  upon  motor  vehicles  shall  be  so 
constructed  or  arranged  that  no  portion  of  the  main,  sub- 
stantially parallel  beam  of  light,  when  measured  one  hun- 
dred feet  or  more  ahead  of  said  lights,  shall  rise  or  shall 
be  capable  of  being  raised  from  the  driver’s  seat,  to  more 
than  forty-two  inches  above  the  level  surface  upon  which 
the  vehicle  stands  directly  ahead  of  such  vehicle. 

Sec.  16.  (a)  Any  person  who  shall,  individually  or 

in  association  with  one  or  more  others,  wilfully  break, 
injure,  tamper  with  or  remove  any  part  or  parts  of  any 
motor  vehicle,  for  the  purpose  of  injuring,  defacing  or 
destroying  such  vehicle,  or  temporarily  or  permanently 
preventing  its  useful  operation,  or  for  any  purpose  against 
the  will  or  without  the  consent  of  the  owner  of  such 
vehicle,  or  who  shall  in  any  other  manner  wilfully  or 
maliciously  interfere  with  or  prevent  the  running  or 
operation  of  such  vehicle,  shall  be  guilty  of  a misde- 
meanor. 

(b)  Any  person  who  shall,  without  consent  of  the 
owner  or  person  in  charge  of  a motor  vehicle,  climb  upon 
or  into  such  vehicle,  whether  the  same  be  in  motion  or 
at  rest;  or  who,  while  such  vehicle  is  at  rest  and  unat- 
tended, shall  attempt  to  manipulate  any  of  the  levers,  the 
starting  crank,  or  other  device,  brakes  or  mechanism 
thereof,  or  to  set  said  vehicle  in  motion,  shall  be  guilty 
of  a misdemeanor. 

Sec.  17.  Before  any  person,  firm  or  corporation 
shall  wreck,  dismantle  or  dissemble  any  motor  vehicle,  or 
substantially  alter  the  form  thereof,  such  person,  firm  or 
corporation  shall  give  notice  in  writing,  upon  forms  to  be 
furnished  by  the  Police  Department,  of  the  intention  so 
to  do,  to  the  Chief  of  Police. 

Sec.  18.  (a)  The  City  Manager  is  hereby  empowered 
to  make  and  promulgate  rules  and  regulations  regarding 
the  parking  of  vehicles  within  the  congested  and  business 
district  of  the  city,  that,  in  his  discretion,  may  be  reason- 
ably calculated  to  prevent  accidents,  congestion  of  traffic 
and  unnecessary  interference  with  the  use  of  the  streets 
within  said  districts.  He  may,  in  his  discretion,  restrict 
the  parking  of  vehicles  along  certain  curbs  on  certain 
blocks  within  said  districts  to  a period  not  to  exceed 
thirty  minutes.  Wherever  it  shall  be  determined  by  said 
City  Manager  that  no  vehicles  shall  be  allowed  to  be 
parked  along  any  curb  on  any  block  for  a period  in  excess 
of  thirty  minutes,  he  shall  cause  a sign  to  be  affixed  on 
some  prominent  place,  plainly  visible  to  persons  approach- 
ing such  block,  which  shall  contain,  in  letters  not  less 
than  two  inches  in  height,  the  words  and  figures  as 
follows: 

“PARKING  PERMITTED  ON  THIS  BLOCK  FOR 
ONLY  THIRTY  MINUTES.” 

The  City  mapager  may  also  provide  for  the  parking 
of  vehicles  on  and  along  streets  within  said  districts  in 
places  marked  out  on  the  pavement  of  said  streets,  and 


City  of  Phoenix 


145 


which  places  shall  be  known  as  parking-  stalls.  Wherever 
parking  stalls  are  provided  they  shall  be  entered  from  the 
direction  of  the  traffic  and  left  in  the  direction  of  the 
traffic.  In  no  case  shall  any  vehicle  be  backed  from  any 
such  stall;  no  such  stall  shall  be  occupied  by  any  vehicle 
of  greater  length  than  eighteen  feet,  nor  shall  any  such 
stall  be  occupied  by  any  vehicle  for  the  purpose  of  sale. 

The  word  “block”  as  used  in  this  section  shall  be 
held  to  mean  and  is  hereby  declared  to  mean  that  portion 
of  any  street  between  two  intersecting  streets. 

(b)  Any  person,  firm  or  corporation  who  shall  Penalty 
violate  any  such  rule  or  regulation  made  and  promulgated 
as  hereinabove  provided,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  shall  be  punished  for  the 
first  offense  by  a fine  of  two  dollars;  and  for  the  second 
offense  by  a fine  of  five  dollars;  and  for  all  subsequent 
offenses  by  a fine  of  ten  dollars  or  by  imprisonment  in 
the  City  Jail  for  a period  not  to  exceed  thirty  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  19.  It  shall  be  unlawful  for  any  person  or  per-  Loafing 
sons  to  loaf,  loiter  or  congregate  upon  the  traveled  por- 
tion of  any  street  within  the  City  of  Phoenix  so  as  to 
obstruct  or  impede  the  free  use  and  passage  through  and 
along  the  same  by  any  person  lawfully  using  or  to  use 
the  same. 

Sec.  20.  Drivers  of  vehicles  and  motormen  of  street  Direction  of 
cars  and  interurban  railway  cars  must  at  all  times  comply  Officer 
with  any  direction  given  by  whistle,  voice  or  hand,  of  any 
police  officer,  or  of  any  sign  oi;  signal  used  for  directing 
traffic,  as  to  stopping,  starting,  approaching  and  departing 
from  any  place  in  any  street,  and  as  to  direction,  position 
and  speed. 

It  shall  be  unlawful  for  any  person  driving,  using  or 
having  control  of  any  vehicle,  or  for  any  motorman  or 
other  person  running,  operating  or  having  charge  or  con- 
trol of  any  street  car  or  interurban  railway  car  or  strain 
of  cars,  to  fail,  refuse  or  neglect  to  obey  the  order  or 
direction  of  any  police  officer  in  regard  to  moving  or 
stopping  any  such  vehicle  or  any  such  street  car  or  inter- 
urban railway  car  or  train  of  cars  in  or  upon  any  street. 

It  shall  be  unlawful  for  the  driver  of  any  animal  or 
vehicle  to  fail,  neglect  or  refuse  to  stop  such  animal  or 
vehicle  in  obedience  to  any  signal  from  any  police  officer 
stationed  at  the  street  corner  over  which  such  driver  pro- 
poses to  cross,  or  for  any  such  driver  to  fail,  neglect  or 
refuse  to  stop  any  such  animal  or  vehicle  under  his  charge 
or  control  at  least  six  feet  behind  any  other  animal  or 
vehicle  which  has  stopped  in  obedience  to  any  such  signal. 

It  shall  be  unlawful  for  the  driver  of  any  animal  or 
vehicle  which  has  stopped  in  obedience  to  a signal  given 
by  o nolice  officer,  to  start  such  animal  or  vehicle  until 
such  driver  has  received  a signal  from  such  police  officer 
to  proceed. 

It  shall  be  unlawful  for  the  driver  of  any  vehicle 
standing  along  or  near  the  curb  of  any  street  within  the 
business  district  to  fail,  neglect  or  refuse  to  move  such 


146 


City  Ordinances 


vehicle  away  from  such  curb  when  requested  so  to  do  by 
any  police  officer. 

Driving  Cattle  Sec.  21.  It  shall  be  unlawful  for  any  person  to  take 

Throug-h  Streets  or  drive,  or  to  cause  or  permit  to  be  taken  or  driven, 
along  any  of  the  streets  of  the  city,  or  portions  thereof, 
north  of  Jackson  street,  any  horses,  mules,  asses,  cattle, 
sheep,  goats,  or  swine,  or  any  other  live  stock;  provided, 
that  this  section  shall  not  apply  to  horses,  mules,  asses 
or  other  work  animals  which  are  ridden,  or  which  are 
driven  while  properly  hitched,  harnessed  or  attached  to  a 
vehicle  or  to  a machine  or  implement  designed  to  be  op- 
erated or  propelled  by  animal  power;  nor  shall  this  section 
prohibit  the  carrying  or  transporting  of  any  such  animal 
or  animals  through  the  streets  of  the  city  while  securely 
inclosed  in  a car  or  vehicle,  or  the  leading  of  any  such 
animal  through  the  streets  of  the  city  when  the  same  is 
securely  fastened  by  rope,  chain  or  halter;  and,  provided, 
further,  that  the  provisions  of  this  section  shall  not  apply 
to  parades  for  which  a license  fee  is  paid. 

General  Penalty  Sec.  22.  Unless  otherwise  specifically  provided 

herein,  any  persons  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a fine  not 
exceeding  three  hundred  dollars  or  by  imprisonment  in 
the  City  Jail  not  exceeding  one  hundred  eighty  days,  or 
by  both  such  fine  and  imprisonment. 

Sec.  23.  Ordinances  Nos.  24,  178  and  156,  together 
with  all  Ordinances  and  parts  of  Ordinances  in  conflict 
herewith  are  hereby  repealed;  provided,  however,  that  no 
act  committed  or  prosecution  instituted  under  the  pro- 
visions of  any  Ordinance  heretofore  existing  shall  abate 
by  reason  of  the  passage  of  this  Ordinance. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  5th  day  of  November,  1919. 

Approved  this  5th  day  of  November,  1919. 

C.  W.  BARNETT, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  397. 

An  Ordinance  providing  for  the  guarding  of  railroad  grade 
crossing  within  the  City  of  Phoenix;  providing  a 
penalty  for  violation  thereof,  and  with  an  emergency 
clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  the  duty  of  the  superintendent, 
manager  or  person  having  locally  the  charge  or  man- 
agement of  any  steam  railroad  whose  tracks  run  within 
the  corporate  limits  of  the  City  of  Phoenix  to  keep  a 
guard  oi'  guards  or  to  maintain  gates,  as  hereinafter  pro- 
vided, at  all  street  intersections  of  such  railroad  within 
the  City  of  Phoenix  whereat  such  railroad  maintains  a 
grade  crossing  as  shall  by  resolution  of  the  Commission 
be  designated  from  time  to  time. 


City  of  Phoenix 


147 


Sec.  2.  If  in  said  resolution  guards  be  ordered  to  be 
placed  at  any  such  grade  crossing  then  said  guards  shall 
be  kept  at  said  crossing  during  such  hours  of  the  day  or 
night  as  may  be  designated  in  said  resolution.  It  shall 
be  the  duty  of  such  guard  or  guards  to  give  timely  warn- 
ing to  all  vehicles  and  pedestrians  approaching  such  rail- 
road crossing  from  either  direction  of  the  approach  or 
movement  of  any  train,  engine,  car,  handcar  or  rolling 
stock  into  or  across  any  such  street  intersection  so  as  to 
make  said  crossing  temporarily  dangerous,  and  it  is 
hereby  made  the  duty  of  any  driver  of  any  such  vehicle 
and  of  any  such  pedestrians  to  obey  the  directions  of  any 
such  guard  and  to  refrain  from  crossing  said  track  or 
attempting  to  cross  said  track  when  notified  or  signaled 
by  any  such  guard  not  to  do  so  until  the  latter  shall  have 
indicated  that  the  danger  from  the  moving  of  said  train, 
engine,  car,  handcar  or  rolling  stock  has  ceased  to  exist. 

Sec.  3.  If  the  gates  be  ordered  to  be  maintained  in 
such  resolution  such  gates  shall  be  installed  within 
thirty  days  from  the  date  of  the  order  of  the  Commission 
and  each  day’s  failure  to  install  and  operate  such  gates 
thereafter  shall  constitute  a separate  and  distinct  violation 
of  the  provisions  of  this  section.  Such  gates  shall  be 
efficiently  attended  at  such  times  of  the  day  or  night  as 
may  be  designated  in  said  Resolution,  and  the  same  shall 
be  closed  whenever  any  train,  engine,  car,  handcar  or 
rolling  stock  is  being  moved  into  or  across  such  inter- 
section. 

Sec.  4.  It  shall  be  unlawful  for  any  person  having 
the  management  or  direction  of  the  movement  of  any 
train,  engine,  car,  handcar,  or  of  any  rolling  stock  what- 
soever to  cause  or  permit  such  train,  engine,  car,  handcar  or 
rolling  stock  to  be  moved  into  or  across  any  street  intersec- 
tion whereat  the  gates  are  ordered  by  the  Commission  to  be 
established  unless  such  gates  have  been  closed  in  such 
manner  as  to  prevent  vehicles  or  pedestrians  from  entering 
upon  the  right  of  way  of  such  railroad;  and  it  shall  be 
unlawful  for  any  conductor,  engineer,  fireman,  brakeman, 
switchman,  yardman  or  any  other  person  to  move  or  cause 
or  nermit  to  be  moved  any  train,  engine,  car,  handcar  or 
rolling  stock  into  or  across  such  intersection  unless  said 
gates  are  effectually  closed  so  as  to  prevent  vehicles  or 
pedestrians  from  entering  upon  such  railroad  right  of  way. 

Sec.  5.  During  the  time  herein  provided  for  the 
installation  of  gates  and  prior  to  the  installation  thereof, 
no  train,  engine,  car,  handcar  or  any  railroad  rolling  stock 
whatsoever  shall  be  moved  into  or  across  any  of  the  street 
intersections  whereat  gates  are  ordered  to  be  installed 
unless  there  shall  be  stationed  at  such  intersection  a flag- 
man who  shall  be  visible  at  all  times  from  each  direction 
approaching  such  intersection,  who  shall  give  warning  to 
all  vehicles  and  pedestrians  approaching  such  railroad 
tracks  from  either  direction ; and  it  shall  be  unlawful  for 
any  person  having  the  management  or  direction  of  the 
movement  of  any  train,  engine,  car,  handcar,  or  rolling 
stoct",  or  for  any  engineer,  conductor,  fireman,  brakeman, 
switchman,  yardman  or  other  person  whomsoever,  to  move 


148 


City  Ordinances 


or  cause  or  permit  to  be  moved  any  such  train,  engine, 
car,  handcar  or  other  rolling  stock  into  or  across  any 
street  intersection  unless  such  flagman  be  stationed  as 
herein  provided,  and  unless  such  crossing  be  clear  of  all 
vehicles  and  pedestrians. 

Sec.  6.  Any  person  who  shall  wilfully  disregard  or 
fail  to  observe  the  direction  of  any  such  guard  in  the 
matter  of  crossing  or  attempting  to  cross  any  such  railroad 
crossing  as  provided  in  Section  1 shall  be  guilty  of  a mis- 
demeanor and  upon  conviction  thereof  shall  be  punished 
by  a fine  not  to  exceed  twenty-five  dollars  or  by  imprison- 
ment in  the  City  Jail  for  a term  not  to  exceed  ten  days 
or  by  both  such  fine  and  imprisonment. 

Sec.  7.  It  shall  be  unlawful  for  any  person  having 
the  management  or  direction  of  the  movement  of  any 
train,  engine,  car,  handcar  or  of  any  rolling  stock,  to 
“spot”  or  stand  or  cause  or  permit  any  railroad  car  to  be 
“spotted”  or  stood  in  or  across  any  street  intersections  in 
the  City  of  Phoenix  whereat  there  is  a railroad  grade 
crossing. 

Sec.  8.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a fine  not 
to  exceed  three  hundred  dollars  ($300)  or  by  imprison- 
ment in  the  City  Jail  for  a term  not  to  exceed  one  hun- 
dred and  eighty  days,’  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  9.  All  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  are  hereby  repealed. 

Sec.  10.  Whereas,  no  provision  exists  at  certain  rail- 
road grade  crossings  within  the  City  of  Phoenix  for  the  safe- 
ty of  pedestrians  and  vehicles  approaching  or  crossing  steam 
railroads  being  operated  within  the  City  of  Phoenix;  and, 

WHEREAS,  it  is  necessary  to  the  immediate  preser- 
vation of  the  public  peace,  health  and  safety  of  the  City 
of  Phoenix  and  for  the  safeguarding  of  life  and  limb  of 
the  citizens  and  inhabitants  of  said  City  of  Phoenix,  an 
emergency  is  hereby  declared  to  exist,  and  this  Ordinance 
shall  be  in  full  force  and  effect  from  and  after  its  passage 
by  the  Commission,  approval  by  the  Mayor,  and  posting 
and  publication  as  required  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
7th  day  of  July,  1920. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

HELEN  C.  FAHEY,  Deputy  City  Clerk. 


ORDINANCE  NO.  416. 

An  Ordinance  Requiring  participants  in  motor  accidents  to 
report  the  same  to  the  Police  Department. 

Be  it  ordained  by  the  City  Commission  of  the  City 
of  Phoenix,  as  follows: 

Section  1.  That  whenever  any  motor  vehicle  acci- 


City  of  Phoenix 


149 


dent  shall  occur  within  the  City  of  Phoenix  the  driver  of 
any  such  vehicle  shall  report  the  same  to  the  police  De- 
partment within  one  hour  after  said  accident  shall  o.ccur 
unless  such  driver  be  prevented  from  making  such  report 
by  reason  of  injuries  received  in  any  such  accident. 

Sec.  2.  Any  person  who  shall  fail  or  neglect  to  give 
the  notice  required  in  Section  1 hereof  shall  be  guilty  of  a 
misdemeanor  and  be  punished  by  a fine  of  not  more  than 
twenty-five  ($25.00)  dollars  or  by  imprisonment  in  the 
City  Jail  for  not  more  than  ten  days  or  by  both  such  fine 
and  imprisonment. 

Passed  by  the  City  Commission  of  the  City  of  PhQenix 
this  20th  day  of  October,  1920. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  423. 

An  Ordinance  limiting  the  parking  of  auto-carriages,  regu- 
lating the  conduct  of  same,  and  providing  penalties. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Ninety  days  after  the  passage  of  this 
Ordinance  it  shall  be  unlawful  for  any  person,  acting 
either  as  owner  or  driver  of  any  auto-carriage,  to  stand 
or  park  such  auto-carriage  at  any  curb  within  the  con- 
gested district  of  the  City  of  Phoenix  for  a period  of  more 
than  thirty  (30)  minutes,  and  such  auto-carriage  shall  be 
permitted  to  park  at  the  curb  for  thirty  (30)  minutes 
while  awaiting  the  order  of  passengers  only; 

Provided,  however,  that  one  auto-carriage  may  be  per- 
mitted to  stand  at  the  curb  adjacent  to  any  hotel  in  the 
congested  district  containing  50  (50)  or  more  rooms, 

provided  the  owner  thereof  shall  have  first  procured  the 
consent  of  the  management  of  such  hotel  in  writing. 

Sec.  2.  It  shall  be  unlawful  for  the  occupant  of  any 
premises  within  the  City  of  Phoenix  to  take  or  receive 
from  the  owner  or  driver  of  any  auto-carriage,  or  from 
anyone  in  behalf  of  such  owner  or  driver,  any  rent,  fee 
or  reward,  either  in  money  or  any  other  thing  of  value, 
for  permission  to  occupy  the  curb  in  front  of  such 
premises  as  a stand  for  such  auto-carriage. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  Sections  1 and  2 of  this  Ordinance  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a fine  of  not  less  than  twenty-five 
($25.00)  dollars,  nor  more  than  one  hundred  ($100.00) 
dollars,  or  by  imprisonment  in  the  City  Jail  for  not  less 
than  five  (5)  days  nor  more  than  thirty  (30)  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  4.  It  shall  be  unlawful  for  any  person  having 
charge  or  control  of  any  auto-carriage  to  use  or  permit 
such  auto-carriage  to  be  used  for  any  immoral  purpose,  or 


150 


City  Ordinances 


to  procure  or  offer  to  procure  any  person  for  an  act  of 
prostitution,  or  to  take  or  offer  to  take  any  money,  reward 
or  other  thing  of  value  from  any  known  prostitute;  or  to 
carry  or  transport  any  known  prostitute  over  or  along  any 
street  in  the  City  of  Phoenix,  either  for  compensation  or 
otherwise,  and  any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a fine  not  to 
exceed  three  hundred  dollars  ($300)  and  by  imprisonment 
in  the  City  Jail  for  a period  of  not  less  than  thirty  (30) 
days  nor  more  than  one  hundred  eighty  (180)  days,  or 
by  both  such  fine  and  imprisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  3d  day  of  November,  1920. 

Approved  this  3d  day  of  November,  1920. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  429. 

An  Ordinance  regulating  the  rates  of  fare  to  be  charged 
by  taxicabs  or  “for-rent”  cars  to  points  within  the 
city  limits  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  The  rates  of  fare  which  the  owner,  op- 
erator or  driver  of  any  taxicab,  auto-carriage  or  “for-rent” 
car  carrying  passengers  between  points  within  the  city 
shall  not  in  any  case  exceed  the  following:  For  a distance 

of  twelve  city  blocks  or  less  the  fare  shall  not  exceed 
fifty  (50c)  cents  per  passenger;  for  a distance  exceeding 
twelve  city  blocks  and  not  exceeding  eighteen  city  blocks 
the  fare  shall  not  exceed  seventy-five  (75c)  cents  per 
passenger;  for  any  distance  over  eighteen  city  blocks  the 
fare  shall  not  exceed  one  ($1.00)  dollar  per  passenger. 

Sec.  2.  Each  said  owner,  operator  or  driver  of  any 
such  taxicab,  auto-carriage  or  “for-rent”  car  carrying 
passengers  for  hire  between  points  within  the  city  shall 
keep  displayed,  in  such  manner  as  to  be  easily  seen  and 
read  by  any  passenger  carried  in  any  said  taxicab,  auto- 
carriage or  “for-rent”  car,  a card  on  which  shall  be 
printed  the  following: 

“NOTICE  TO  PASSENGERS.. 

“The  maximum  rates  of  fare  that  the  owner,  operator 
or  driver  of  this  car  may  charge  under  Ordinance  No.  429 
of  the  City  of  Phoenix  are  as  follows: 

“For  a distance  of  twelve  city  blocks  or  less  the  fare 
shall  not  exceed  fifty  (50c)  cents  per  passenger. 

“For  a distance  exceeding  twelve  city  blocks  and  not 
exceeding  eighteen  city  blocks  the  fare  shall  not  exceed 
seventy-five  (75c)  cents  per  passenger. 

“For  any  distance  over  eighteen  city  blocks  the  fare 
shall  not  exceed  one  ($1.00)  dollar  per  passenger.” 

Sec.  3.  Any  owner,  operator  or  driver  of  any  such 
taxicab,  auto-carriage  or  “for-rent”  car  who  shall  make 


City  of  Phoenix 


151 


any  charge  in  excess  of  the  rates  provided  for  in  Section 
1 hereof  or  who  shall  fail,  neglect  or  refuse  to  comply 
with  the  requirements  of  Section  2 hereof  shall  be  guilty 
of  a misdemeanor  and  be  punishable  by  a fine  of  not  more 
than  fifty  dollars  or  by  imprisonment  in  the  City  Jail  for 
not  more  than  thirty  days  or  by  both  such  fine  and  im- 
prisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
10th  day  of  November,  1920. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  430. 

An  Ordinance  defining  and  regulating  express  or  job 

wagons. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  an  express  or  job  wagon,  as  used  in 
this  Ordinance,  shall  be  taken  to  mean  any  vehicle, 
whether  propelled  by  mechanical  or  animal  power,  engaged 
in  the  business  of  hauling  baggage,  freight  or  packages 
from  and  to  points  within  the  City  of  Phoenix  for  hire. 

Sec.  2.  Before  engaging  in  the  business  of  operating 
an  express  or  job  wagon,  the  owner  thereof  shall  first 
make  application  to  the  City  Collector  for  a license  so  to 
do.  Such  application  shall  be  made  in  writing,  and  shall 
contain : 

(a)  A description  of  the  vehicle  to  be  used,  and  the 
number  of  such  vehicles. 

(b)  The  name  of  the  owner  of  such  vehicle  and  of 
the  person  in  immediate  charge  thereof. 

(c)  The  place  at  which  said  vehicle  is  kept  in  the 
ordinary  course  of  business. 

(d)  Whether  or  not  the  driver  is  physically  or  other- 
wise qualified  to  operate  any  such  vehicle  safely,  and 
whether  or  not  the  driver  of  such  vehicle  is  familiar  with 
the  streets  of  the  city,  and  is  familiar  with  and  will 
observe  and  comply  with  the  traffic  laws,  Ordinances  and 
rules  of  the  City  of  Phoenix  and  of  the  State  of  Arizona. 

Such  application  shall  be  signed  under  oath  by  the 
applicant,  and  acknowledged  before  a Notary  Public  or 
other  officer  duly  authorized  to  take  acknowledgments  or 
administer  oaths. 

Before  a license  shall  issue,  the  applicant  shall  file 
with  the  City  Collector  a policy  of  insurance  in  some 
reliable  and  reputable  insurance  company  authorized  to  do 
business  in  the  State  of  Arizona,  insuring  the  owner  or 
lessee  of  such  express  or  job  wagon  against  damages 
arising  out  of  the  unlawful  or  negligent  operation  of  any 
such  express  or  job  wagon  for  which  a permit  shall  Lssue, 
suffered  by  any  person  or  persons  not  employed  by  such 
owner  or  lessee.  Such  policy  shall  be  in  amount  not  less 
than  five  hundred  dollars  ($500),  where  one  wagon  only 


152 


City  Ordinances 


is  operated  by  the  applicant,  and  not  less  than  one  thou- 
sand dollars  ($1,000)  where  more  than  one  wagon  is 
operated  by  such  applicant;  and  shall  further  insure  all 
persons  employing  such  job  or  express  wagon  for  the 
carriage  of  baggage,  freight  or  parcels  against  loss  caused 
by  the  negligence  or  dishonesty  of  the  person  in  imme- 
diate charge  and  control  of  such  express  or  job  wagon;  in 
lieu  of  such  policy  of  insurance,  such  applicant  may  file 
with  the  City  Collector  a surety  bond  properly  executed 
by  two  or  more  good  and  sufficient  sureties  who  shall 
qualify  in  the  manner  as  provided  by  the  State  of  Arizona 
for  sureties  on  bail  bonds.  Such  bonds  shall  be  approved 
as  to  form  by  the  City  Attorney,  and  as  to  sufficiency 
by  the  City  Collector.  When  such  bond  has  been  fur- 
nished and  approved  as  herein  provided,  or  such  policy  of 
insurance  has  been  furnished  as  herein  provided,  the  City 
Collector  shall  make  out  and  deliver  to  such  applicant 
over  his  own  signature  a license  to  conduct  the  business 
of  a job  or  express  wagon,  and  such  license  shall  state  the 
number  and  kind  of  vehicles  used  and  the  place  of  busi- 
ness of  the  applicant. 

Sec.  3.  Any  person  conducting  the  business  of  a job 
or  express  wagon,  and  not  having  a regular  place  of 
business,  may  occupy  a stand  on  any  street  within  the 
city  assigned  to  him  by  the  Police  Department  of  the 
city,  provided,  however,  that  no  person  shall  be  permitted 
to  occupy  as  such  stand  any  portion  of  any  street  north 
of  the  south  line  of  Washington  street,  or  any  portion 
of  Central  avenue  from  Jackson  street  north  to -the  city 
limits. 

Sec.  4.  Any  person,  firm,  or  corporation  violating 
any  of  the  provisions  of  this  Ordinance,  or  engaging  in  the 
business  of  job  or  express  wagon  without  having  first  made 
application  and  filed  his  policy  of  insurance  on  bond,  as 
herein  provided  for  and  having  received  his  license  as 
herein  provided,  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction  shall  be  punished  by  a fine  of  not  less 
than  twenty-five  dollars  ($25),  or  by  imprisonment  in  the 
City  Jail  for  a period  of  not  less  than  twenty-five  (25) 
days,  or  by  both  such  fine  and  imprisonment. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
17th  day  of  November,  1920. 

Approved  this  17th  day  of  November,  1920. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


CHAPTER  III 


PART  I— BUILDING 

PART  II.— PLUMBING  AND  GAS  FITTING 


PART  III.— ELECTRIC  INSTALLATION 


City  of  Phoenix 


155 


PART  1.  BUILDING. 


ORDINANCE  NO.  42. 

An  Ordinance  permitting  certain  frame  structures  within 

the  fire  limits  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  No  frame  or  wooden  structure  shall  here- 
after be  built  within  the  fire  limits  as  established,  or  as 
may  hereafter  be  established,  except  the  following,  and  all 
such  structures  shall  conform  to  any  additional  require- 
ments deemed  necessary  by  the  City  Inspector  of 
Buildings: 

(a)  ' Temporary  one-story  buildings  for  use  of 
builders. 

(b)  Amended  by  Ordinance  199. 

(c)  Wooden  Fences  not  over  six  feet  high.  Corrugated 
iron  fences  not  over  ten  feet  high. 

(d)  Amended  by  Ordinance  199. 

(e)  Roof  Gardens:  Roof  gardens  consisting  of  a 

pavilion  or  series  of  pavilions  may  be  erected  on  the 
roofs  of  buildings  of  classes  A,  B and  C construction,  of 
four  stories  or  more  in  height,  subject  to  the  special  per- 
mission and  approval  of  the  City  Inspector  of  Buildings, 
providing  that  such  structure  shall  not  constitute  an  undue 
fire  hazard.  Such  structure  must  be  of  substantial  con- 
struction with  metal  frame  work.  Wherever  such  roof 
gardens  shall  be  built  the  roof  must  be  capable  of  sus- 
taining a live  load  of  not  less  than  sixty  pounds  to  the 
square  foot,  and  shall  be  subject  to  an  actual  test  of  one 
and  one-half  times  said  live  load,  if  so  required  by  the 
City  Inspector  of  Buildings. 

(f)  Interior  Frame  Partitions:  Non-bearing  board 

partitions  extending  not  to  exceed  two-thirds  of  the 
height  from  floor  to  ceiling.  The  space  above  such  par- 
titions may  be  closed  with  wire  netting,  metal  grills,  or 
glass  set  in  wood  sash  or  frames.  Such  partitions  shall 
not  be  used  to  separate  occupancies. 

(g)  Pavilions:  Pavilions  of  substantial  construction 

intended  for  recreation  purposes,  open  on  at  least  three 
sides,  may  be  built  within  the  fire  limits  of  the  city 
unless  in  the  judgment  of  the  City  Inspector  of  Buildings 
such  structure  will  constitute  an  undue  fire  hazard  or 
menace.  The  floor  of  such  pavilion  shall  not  be  more 
than  four  feet  above  the  grade  of  the  adjoining  street. 

(h)  Reviewing  Stands,  Band  Stands  and  Speakers’ 
Platforms  of  substantial  construction  may  be  erected  by 
special  permission  from  the  City  Manager. 

Sec.  2.  Whereas,  the  immediate  operation  of  this 
Ordinance  is  necessary  for  the  preservation  of  the  public 
peace,  health  and  safety,  an  emergency  is  hereby  declared 


156 


City  Ordinances 


to  exist,  and  this  Ordinance  shall  be  in  full  force  from 
and  after  its  passage  by  the  Commission  and  approval, by 
the  Mayor,  and  is  hereby  exempt  from  the  referendum 
provision  of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  26th  day  of  April,  1915. 

Approved  this  26th  day  of  April,  1915. 

GEORGE  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  107. 

An  Ordinance  fixing  the  fire  limits  districts  of  the  City  of 

Phoenix  and  repealing  all  Ordinances  in  conflict 

therewith. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Amended  by  Ordinance  197. 

Sec.  2.  General  Fire  Limits:  That  all  that  portion 

of  the  City  of  Phoenix  within  the  following  described 
boundaries,  to-wit:  Commencing  at  the  intersection  of 

the  center  line  of  Seventh  street  with  the  center  line  of 
the  alley  north  of  Buchanan  street,  running  thence  along 
the  center  line  of  Seventh  street  to  the  intersection  of 
the  center  line  of  Seventh  street  with  the  center  line  of 
Van  Buren  street,  thence  west  along  the  center  line  of 
Van  Buren  street  to  the  intersection  of  the  center  line  of 
Van  Buren  street  with  the  center  line  of  Fourth  street, 
thence  north  along  the  center  line  of  Fourth  street  to  the 
intersection  of  the  center  line  of  Fourth  street  with  the 
center  line  of  Polk  street,  thence  west  along  the  center 
line  of  Polk  street  to  the  intersection  of  the  center  line  of 
Polk  street  with  the  center  line  of  Third  street,  thence 
north  along  the  center  line  of  Third  street  to  the  inter- 
section of  the  center  line  of  Third  street  with  the  center 
line  of  Taylor  street,  thence  west  along  the  center  line  of 
Taylor  street  to  the  intersection  of  the  center  line  of 
Taylor  street  with  the  center  line  of  First  street,  thence 
north  along  the  center  line  of  First  street  to  the  intersec- 
tion of  the  center  line  of  First  street  with  the  center  line 
of  Filmore  street,  thence  west  along  the  center  line  of 
Filmore  street  to  the  intersection  of  the  center  line  of  Fil- 
more street  with  the  center  line  of  Fourth  avenue,  thence 
south  along  the  center  line  of  Fourth  avenue  to  the  inter- 
section of  the  center  line  of  Fourth  avenue  with  a point 
one  hundred  and  fifty  feet  (150)  north  of  the  northerly  side 
line  of  Van  Buren  street,  thence  westerly  along  the  south 
side  lines  of  lots  seven  (7)  of  La  Villa  Place,  eight  (8) 
and  seven  (7)  of  Orchard  Grove,  and  four  (4)  of  Orchard 
Place,  thence  southwesterly  across  Sixth  avenue  to  a point 
being  the  northeast  corner  of  Tract  “A”  of  Williams 
Subdivision,  thence  in  a westerly  direction  along  the  north 
side  line  of  said  Tract  “A”  to  a point  intersecting  the 
center  line  of  Seventh  avenue,  all  of  said  La  Villa  Place, 
Orchard  Grove,  Orchard  Place  and  Williams  Subdivision, 


City  of  Phoenix 


157 


being  portions  of  Bennett  Addition  to  the  City  of  Phoenix, 
thence  north  along  the  center  line  of  Seventh  avenue  to 
the  intersection  of  the  center  line  of  Seventh  avenue  with 
the  center  line  of  Polk  street,  thence  west  along  the  center 
line  of  Polk  street  to  the  intersection  of  the  center  line 
of  Polk  street  with  the  center  line  of  Ninth  avenue,  thence 
south  along  the  center  line  of  Ninth  avenue  to  the  inter- 
section of  the  center  line  of  Ninth  avenue  with  the  center 
line  of  Jackson  street,  thence  east  along  the  center  line 
of  Jefferson  street  to  the  intersection  of  the  center  line  of 
Jefferson  street  with  the  center  line  of  Eighth  avenue, 
thence  south  along  the  center  line  of  Eighth  avenue  to  the 
intersection  of  the  center  line  of  Eighth  avenue  with 
the  center  line  of  Madison  street,  thence  east  along 
the  center  line  of  Madison  street  to  the  intersection  of 
the  center  line  of  Madison  street  with  the  center  line  of 
the  alley  west  of  Seventh  avenue,  thence  south  along  the 
center  line  of  the  alley  west  of  Seventh  avenue  to  a point 
where,  if  said  alley  continued  through,  such  line  would 
intersect  the  center  line  of  Harrison  street,  thence  east 
along  the  center  line  of  Harrison  street  to  the  intersection 
of  the  center  line  of  Harrison  street  with  the  center  line 
of  Seventh  avenue,  thence  south  along  the  center  line  of 
Seventh  avenue  to  the  intersection  of  the  center  ling  of 
Seventh  avenue  with  the  center  line  of  Grant  street  on 
the  east,  thence  east  along  the  center  line  of  Grant  street 
to  the  intersection  of  the  center  line  of  Grant  street  with 
the  center  line  of  Third  avenue,  on  the  north,  thence 
north  along  the  center  line  of  Third  avenue  to  the  inter- 
section of  the  center  line  of  Third  avenue  with  the  center 
line  of  Buchanan  street,  thence  east  along  the  center  line 
of  Buchanan  street  to  the  intersection  of  the  center  line 
of  Buchanan  street  with  the  center  line  of  Central  avenue, 
thence  north  along  the  center  line  of  Central  avenue  to 
the  intersection  of  the  center  line  of  Central  avenue  with 
the  center  line  of  the  alley  the  intersection  of  the  center 
line  of  said  alley  with  the  center  line  of  Seventh  street, 
being  the  place  of  beginning,  shall  be  and  constitute  the 
General  Fire  Limits  of  the  City  of  Phoenix. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  25th  day  of  January,  1916. 

GEORGE  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  113. 

An  Ordinance  defining  the  powers  and  duties  of  the  City 
Inspector  of  Buildings,  prescribing  and  regulating  the 
manner,  methods  and  mode  of  construction,  altering, 
renpiring  and  moving  of  buildings  and  structures 
within  the  City  of  Phoenix,  providing  for  the  issuance 
and  revocation  of  building  permits,  and  providing  for 
the  inspection  and  condemnation  of  buildings  and 
other  structures  within  the  City  of  Phoenix  whenever 
dangerous  to  property,  life  or  limb,  and  providing 
penalties  for  violation  of  the  provisions  hereof  and 


158 


City  Ordinances 


repealing  Ordinance  No.  322,  Old  Series,  and  repeal- 
ing Ordinances  and  parts  of  Ordinances  in  conflict 
herewith,  and  with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

PART  1. 

THE  CITY  INSPECTOR  OF  BUILDINGS— DUTIES, 
POWERS. 

Section  1.  Right  to  Enter  Buildings:  The  City 

Inspector  of  Buildings  and  Fire  Chief  and  their  respective 
assistants  shall  have  the  right  to  enter  any  building  or 
any  and  all  parts  thereof,  already  erected  or  in  the  process 
of  construction,  alteration  or  removal,  or  any  place  of  public 
assembly,  at  any  reasonable  time,  especially  when  occupied 
by  the  public,  in  order  to'  properly  perform  their  respective 
duties. 

And  it  shall  be  unlawful  for  any  person  to  refuse  such 
admission  to  such  officers,  or  to  throw  obstacles  in  the 
way  of  such  officers,  while  lawfully  engaged  in  the  per- 
formance of  their  duties. 

Sec.  2.  Unsafe  Buildings,  Etc.:  Whenever,  in  the 

opinion  of  the  City  Inspector  of  Buildings,  any  building, 
wall,  chimney,  smokestack,  structure  or  part  thereof,  in 
the  City  of  Phoenix,  shall  be  from  any  cause  whatever, 
in  a situation  or  condition  dangerous  to  life  or  property, 
or  shall  be  deemed  unsafe  to  life  or  limb  or  for  the 
purpose  for  which  it  is  used,  or  shall  be  in  danger  of  fire 
from  any  defect  in  its  construction,  the  City  Inspector  of 
Buildings,  shall  in  writing,  notify  the  owner,  lessee  or 
occupant  or  his,  her,  their  or  its  agents,  or  the  person 
having  control  of  such  building,  wall,  chimney,  smokestack, 
structure,  or  part  thereof,  to  remove,  demolish  or  repaii 
the  same  forthwith.  Any  such  person  receiving  such 
notice  shall  immediately,  or  within  such  time  thereafter  as 
may  be  specified  by  the  City  Inspector  of  Buildings, 
comply  with  the  requirements  of  such  notifications. 

Sec.  3.  Failure  to  Comply  With  Notice:  Should  any 

such  owner,  lessee,  occupant,  or  his,  her,  their  or  its 
agents,  or  the  person  having  control  of  any  such  buildings, 
wall,  chimney,  smokestack,  structure  or  part  thereof,  fail, 
neglect  or  refuse  to  immediately  after  receiving  such 
notice,  or  as  soon  as  the  City  Inspector  of  Buildings  ..shall 
have  specified  as  the  time  in  which  such  work  shall  be 
commenced,  commence  such  work  and  complete  the  same 
as  speedily  as  practicable  and  in  such  manner  as  to  render 
such  dangerous  building,  wall,  chimney,  smokestack, 
structure,  or  part  thereof  safe,  such  person  so  failing, 
neglecting  or  refusing  as  aforesaid,  shall  be  deemed  guilty 
of  a misdemeanor  and  the  said  City  Manager  shall  cause 
such  work  to  be  done  at  the  expense  of  the  City  of  Phoe- 
nix. and  under  the  supervision  of  the  City  Inspector  of 
Buildings,  which  expense  shall  constitute  a charge  against 
and  a lien  upon  such  property,  and  collectible  as  city  taxes 
are  collected. 

Sec.  4.  Buildings  Damaged  by  Fire,  Etc.:  When- 

ever, in  the  opinion  of  the  City  Inspector  of  Buildings,  any 


City  of  Phoenix 


159 


building  or  structure,  not  of  Classes  A or  B,  and  in  the 
Special  Fire  Limits,  be  damaged  by  fire  or  any  other 
cause,  to  the  extent  of  thirty  per  cent  or  more  of  its 
value,  or  any  building  or  structure  in  the  General  Fire 
Limits  not  of  Classes  A,  B or  C construction,  and  not 
used  exclusively  as  a residence,  be  damaged  by  fire  or 
otherwise,  to  the  extent  of  fifty  per  cent  or  more  of  its 
actual  value,  the  City  Inspector  of  Buildings  shall  imme- 
diately give  notice  in  writing  to  the  owner  or  owners  of 
such  building,  or  to  his,  her,  their  or  its  agents,  or  to  the 
person  having  control  thereof,  to  remove  or  demolish  such 
building  or  structure,  or  in  lieu  thereof  to  make  such 
extensive  alterations  as  to  accord  fully  with  the  provisions 
of  the  class  of  buildings  required  for  such  district.  If 
the  building  shall  have  been  damaged  by  fire,  the  person 
receiving  such  notice  shall  immediately  following  the  fire 
adjustment  thereon,  comply  with  the  requirements  of  such 
notice.  If  such  damage  be  not  caused  by  fire,  the  require- 
ments of  such  notice  shall  be  complied  with  within  forty- 
eight  hours  after  the  receipt  of  such  notice. 

Sec.  5.  Emergency  Cases  of  Dangerous  Buildings: 
Whenever  the  decision  and  order  in  writing  of  the  City 
Inspector  of  Buildings  as  to  the  safety  of  any  building  or 
structure,  or  any  part  thereof,  is  made  in  a case  of  so 
urgent  a nature  that  a failure  to  promptly  carry  out  his 
orders  to  demolish  or  strengthen  such  building,  structure 
or  part  thereof,  may  endanger  life,  limb  or  property, 
such  decision  and  order  of  the  City  Inspector  of  Buildings 
in  such  cases,  when  set  forth  in  writing  in  a notice  marked 
“Emergency”  and  countersigned  by  the  City  Manager, 
shall  be  absolute  and  final,  with  no  recourse  to  arbitration, 
and  shall  be  immediately  complied  with. 

Sec.  6.  Power  to  Close  Buildings  When  Ordinance 
Is  Violated:  The  City  Inspector  of  Buildings  or  the  Fire 

Chief  shall  have  the  power  by  notice  in  writing,  to  order 
any  building  or  any  place  of  public  assembly  to  be  closed 
where  it  is  discovered  that  there  exists  therein  any  viola- 
tion of  the  provisions  of  this  Ordinance,  until  such  pro- 
vision be  complied  with. 

Upon  report  to  the  City  Manager  by  the  City  In- 
spector of  Buildings  or  by  the  Fire  Chief,  that  any  order 
or  requirement  of  this  Ordinance  in  regard  to  theaters  or 
places  of  amusement  is  being  violated  or  being  not  com- 
plied with,  in  any  building  or  place  of  amusement,  the 
City  Manager  may  revoke  the  license  of  such  theater  or 
place  of  amusement  and  cause  the  same  to  be  closed. 

Sec.  7.  Amended  by  Ordinance  198. 

Sec.  8.  Amended  by  Ordinance  207. 

Sec.  9.  Annual  Inspection  of  Public  Buildings:  The 

City  Inspector  of  Buildings  shall  inspect  or  cause  to  be 
inspected  at  least  annually  all  public  school  buildings, 
public  halls,  churches,  theaters,  and  all  buildings,  or 
structures  used  either  for  manufacturing  or  commercial 
purposes,  also  all  hotels,  apartment  houses  and  other 
buildings  occupied  by  large  numbers  of  persons,  for  the 
purpose  of  determining  the  safety  of  the  building  or 


160 


City  Ordinances 


structure,  or  any  parts  or  appliances  or  equipment  thereof, 
the  sufficiency  of  the  doors,  passageways,  elevators,  aisles 
and  stairways,  and  generally  the  facilities-  for  egress  in 
case  of  fire  or  other  accident,  the  strength  of  the  floors, 
appliances  for  the  extinguishment  of  fires  and  for  resisting 
the  spread  of  fire,  and  shall  make  return  of  all  violations 
of  the  several  provisions  of  this  Ordinance  to  the  City 
Manager  for  prosecution,  and  shall  incorporate  a history 
of  all  proceedings  in  annual  reports  to  said  City  Manager. 

Sec.  10.  Examination  of  Buildings  Upon  Complaint 
of  Citizens:  It  shall  be  the  duty  of  the  City  Inspector 

of  Buildings,  upon  notice  in  writing  to  him  given  by  any 
citizen,  that  the  doors  or  stairways  in  any  public  or  semi- 
public building  or  structure,  place  of  amusement,  hotel 
or  other  such  place,  factory,  workshop,  or  any  place  of 
employment,  are  insufficient  for  the  escape  of  employes, 
persons  in  attendance  or  occupants,  in  case  of  fire  or 
panic,  or  that  the  funnels,  flues  or  fire-boxes,  or  heating 
or  lighting  apparatus,  or  any  other  apparatus  or  condition 
in  any  such  building  or  structure  in  the  City  are  inse- 
cure and  dangerous,  or  that  any  part  of  any  such 
building,  structure  or  place  in  the  City  of  Phoenix  is  in 
an  unsafe  and  dangerous  condition,  or  in  anywise  not  in 
conformity  with  the  provisions  of  this  Ordinance,  to  make 
an  examination  of  such  place,  structure  or  building,  and 
if  he  shall  determine  it  necessary  after  such  inspection, 
he  shall  give  notice  in  writing  to  the  owners,  occupants, 
agents  or  lessees  of  such  place  or  building  to  make  such 
changes,  alterations  or  repairs  as  the  public  safety  or  the 
Ordinances  of  the  City  of  Phoenix  may  require,  and  it 
shall  be  unlawful  to  continue  the  use  of  such  building 
until  the  changes,  alterations  or  repairs  found  necessary 
by  the  City  Inspector  of  Buildings  to  make  such  building 
or  part  thereof  safe,  or  to  bring  it  into  compliance  with 
the  provisions  of  this  Ordinance,  shall  have  been  made. 

Sec.  11.  Unsafe  Construction  or  Violation  of  Ordi- 
nances May  Be  Stopped:  The  City  Inspector  of  Build- 

ings shall  have  the  power  by  notice  in  writing  to  stop  the 
construction  of  any  building,  structure  or  place,  or  the 
making  of  any  alterations  or  repairs  of  any  building, 
structure  or  place  within  said  City  when  the  same  is  being 
done  in  a reckless  or  careless  manner,  or  in  violation  of 
any  Ordinance  of  said  City,  or  without  a proper  permit, 
and  to  verbally  order  any  and  all  persons  in  any  way  or 
manner  whatever  engaged  in  so  constructing,  altering, 
removing  or  repairing  any  such  building,  structure  or 
place,  to  stop  and  desist  therefrom  forthwith,  and  said 
work  shall  be  resumed  only  upon  the  written  permission 
of  the  City  Inspector  of  Buildings. 

Sec.  12.  Smoke  Nuisance  to  Be  Abated:  Whenever, 

in  the  judgment  of  the  City  Inspector  of  Buildings,  or 
upon  the  complaint  in  writing  of  residents  of  the  vicinity 
wherein  any  smokestack,  chimney,  flue  or  stove  pipe  en- 
dangers the  surrounding  property  by  fire,  the  City  In- 
spector of  Buildings  shall  cause  such  danger  to  be  abated, 
or  cause  such  smokestack,  chimney,  flue  or  stove  pipe  to 


City  of  Phoenix 


161 


be  altered  and  improved  as  he  shall  think  most  suitable 
for  protecting  the  surrounding  property. 

Sec.  13.  Power  to  Revoke  Permit:  If  work  upon 
any  building  shall  be  done  in  violation  of  any  of  the  pro- 
visions of  this  Ordinance,  either  as  to  occupation  of  side- 
walk or  street  or  the  use  or  application  of  materials  or 
workmanship,  it  shall  be  the  duty  of  the  City  Inspector 
of  Buildings  to  revoke  by  notice  in  writing  the  permit  for 
the  building  operations  and  work  in  connection  with  which 
such  violation  shall  have  taken  place,  and  it  shall  be 
unlawful  after  the  revocation  of  such  permit  to  proceed 
with  such  work  or  building  operations  until  such  permit 
shall  have  been  first  revivified  or  reissued  by  the  City 
Inspector  of  Buildings.  Before  a permit  revoked  for  the 
causes  above  mentioned  can  be  lawfully  reissued  or  revivi- 
fied, the  entire  work,  building  and  building  site  must  be 
first  put  in  such  condition  as  to  meet  the  requirements  of 
this  Ordinance,  and  any  work  or  material  theretofore  ap- 
plied to  or  done  in  or  upon  the  same  in  violation  of  the 
provisions  of  this  Ordinance  shall  be  first  removed  from 
said  building. 

Sec.  14.  Required  to  Attend  Fires:  The  City  In- 

spector of  Buildings  shall  be  ex-officio  a member  of  the 
Fire  Department  and  whenever  possible  shall  attend  and 
investigate  all  fires,  for  the  purpose  of  ascertaining  their 
cause  and  effect,  and  in  future  construction  to  properly 
guard  against  fire  hazard. 

Sec.  15.  Floor  Load  Placards:  It  shall  be  the  duty  of 

every  owner  of  a building  or  structure,  already  constructed 
or  hereafter  to  be  constructed,  or  his  agent,  or  the  occupant 
of  any  such  building  or  structure,  when  required  by  the 
City  Inspector  of  Buildings,  to  affix  and  display  con- 
spicuously on  each  floor  where  required,  a placard  stating 
the  load  per  square  foot  of  floor  surface,  which  may  with 
safety  be  placed  upon  that  particular  floor,  and  it  shall  be 
unlawful  to  load  any  such  floors,  or  any  part  thereof,  to  a 
greater  extent  than  indicated  upon  such  placard.  It  shall 
be  the  duty  of  the  owner,  occupant  or  agent  of  such 
building  or  structure  to  submit  to  the  City  Inspector  of 
Buildings  the  figures  showing  the  calculations  for  the  floor 
loads,  in  order  that  same  may  be  verified  by  the  City 
Inspector  of  Buildings,  before  any  such  placard  be  affixed 
and  displayed  as  hereinbefore  provided. 

PART  II. 

ISSUANCE  OF  PERMITS.  FILING  OF  APPLICATIONS, 
PLANS  AND  SPECIFICATIONS,  FEES. 

Sec.  1.  Permit  Required:  It  shall  be  unlawful  for 

any  person,  firm,  association  or  corporation  to  commence 
or  proceed  with  the  erection,  construction,  alteration,  re- 
moval, demolition,  improvement  or  addition  (except  paper 
hanging,  painting,  plastering,  screens  for  doors  and  win- 
dows and  trimmings  for  same,  interior  moulding,  shelving 
and  wall  strips,  counters  or  other  fixtures,  store  windows 
and  sash  trimmings,  and  repairing  roof  when  no  part  of 
the  building  is  changed  for  the  receipt  of  the  same)  of 


162 


City  Ordinances 


or  to  any  building  or  other  structure,  either  private,  public, 
municipal,  state  or  United  States,  when  the  value  thereof 
exceeds  thirty  dollars  ($30.00)  inside  any  fire  limits  or 
one  hundred  dollars  ($100.00)  elsewhere,  in  the  City  of 
Phoenix,  unless  a permit  so  to  do  has  first  been  obtained 
from  the  City  Inspector  of  Buildings.  The  application  for 
such  permit  shall  in  all  cases  be  in  writing  and  state  the 
kind  and  estimated  cost  of  the  work,  as  hereinafter  pro- 
vided. 

The  City  of  Phoenix,  the  County  of  Maricopa,  the 
State  of  Arizona,  and  the  United  States  Government  shall 
be  exempted  from  the  payment  of  the  fee  charged  for 
such  permit  under  the  provisions  of  this  Ordinance. 

Sec.  2.  Application  Plans  and  Specifications:  The 

permit  herein  provided  for  may  be  applied  for  and  ob- 
tained by  the  owner  or  lessee  direct,  or  by  the  architect, 
engineer  or  other  agent  of  such  owner  or  lessee. 

Application  for  such  permit  shall  be  made  on  blanks 
furnished  by  the  City  Inspector  of  Buildings,  and  shall 
conform  to  the  requirements  as  indicated  on  the  blanks 
so  furnished,  and  shall  be  accompanied  by  two  complete 
sets  of  plans  and  specifications  which  shall  clearly  show 
all  parts  of  the  construction  and  as  many  additional  details 
of  construction  as  may  be  deemed  necessary  by  the  City 
Inspector  of  Buildings.  All  such  plans  and  drawings  shall 
be  drawn  to  a scale  of  not  less  than  one-eighth  of  an  inch 
to  a foot  on  paper  or  cloth,  by  solar  print  or  some  process 
that  will  not  fade  or  become  obliterated.  All  distances 
and  dimensions  shall  be  accurately  figured  and  drawings 
made  explicit  and  complete.  The  specifications  herein- 
before required  to  be  furnished  shall  describe  all  materials 
to  be  placed  in  the  proposed  buildings.  In  any  case  re- 
quiring special  calculations  or  knowledge  of  strength  of 
materials,  the  City  Inspector  of  Buildings  may  require  such 
strain  sheets  or  copies  of  calculations  as  he  may  see  fit. 
He  may  also  require  floor  plans  to  have  plainly  marked 
on  them  the  net  load  per  square  foot  that  the  floors  are 
designed  to  carry,  and  in  case  of  post  and  girder  or 
skeleton  construction  being  used,  the  schedule  of  loads 
shall  be  given,  showing  the  total  load  that  each  different 
member,  including  the  footing,  is  designed  to  carry. 

If  said  application,  plans  and  specifications  are  ap- 
proved, such  approval  shall  be  endorsed  on  each  thereof 
by  the  City  Inspector  of  Buildings,  2 as  follows:  “Plans 
accepted  for  construction,  subject  to  the  requirements  of 
the  building  Ordinance  of  the  City  of  Phoenix,  Arizona,” 
and  shall  be  signed  by  the  City  Inspector  of  Buildings,  and 
one  set  of  plans  and  specifications,  all  with  such  approval 
indorsed  thereon,  shall  be  securely  joined  together  and 
delivered  to  the  party  obtaining  the  permit,  who  shall 
keep  such  plans  and  specifications  on  the  premises  where 
such  construction  is  being  conducted,  open  for  inspection 
at  all  times  during  such  construction,  until  final  inspection 
has  been  made. 

The  other  set  of  applications,  plans  and  specifications, 
after  being  approved,  shall  be  retained,  indexed  and  kept 
on  file  by  the  City  Inspector  of  Buildings  in  such  manner 


City  of  Phoenix 


163 


as  to  be  readily  inspected  by  the  public  upon  application. 
The  erection,  construction  and  alteration  of  such  building, 
structure  or  any  part  thereof,  when  proceeded  with,  shall 
be  constructed  in  accordance  with  the  approved  application, 
plans  and  specifications,  and  any  modifications  made  in 
the  plans  and  specifications  shall  be  subject  to  further 
approval,  and  shall  be  made  to  appear  in  the  same  form, 
and  the  date  of  such  further  approval  shall  be  indorsed 
upon  both  sets  of  plans  and  specifications,  and  shall  be 
noted  upon  the  original  application,  plans  and  specifica- 
tions filed  in  the  office  of  the  City  Inspector  of  Buildings. 

When  the  estimated  cost  of  erecting,  altering  or 
repairing  any  building  or  structure,  or  part  thereof,  does 
not  exceed  one  thousand  dollars,  and  the  proposed  work 
is  not  in  the  fire  limits,  the  person,  firm,  association  or 
corporation  proposing  to  make  such  improvement  may,  at 
the  option  of  the  City  Inspector  of  Buildings,  file  in  lieu 
of  plans  and  specifications  herein  provided  for,  a statement 
in  writing  setting  forth  the  repairs,  alterations  or  improve- 
ments contemplated,  and  describing  the  general  character, 
nature  and  extent  of  the  same. 

Upon  the  filing  of  an  application,  and  the  payment  of 
the  fee,  in  accordance  with  the  requirements  of  the  fore- 
going, the  City  Inspector  of  Buildings  shall  ascertain 
whether  such  plans  and  specifications  embody  all  require- 
ments of  law  and  the  City  Ordinances  in  such  cases,  and 
if  the  requirements  be  met,  shall  issue  a building  permit 
to  the  applicant,  giving  permission  to  erect,  repair  or  alter 
the  building  or  structure  at  the  place  and  in  accordance 
with  the  said  approved  application,  plans  and  specifications. 
When  a permit  is  given,  a card  shall  accompany  it  showing 
the  number  of  the  permit,  which  card  must  be  posted  in  a 
conspicuous  place  at  the  building  at  all  times  during  the 
process  of  construction,  alteration  or  repair.  When  such 
permit  has  been  granted  plans  shall  not  be  changed,  ex- 
cept in  minor  details  not  affecting  structural  parts,  stair- 
ways, elevator  shafts,  fire  escapes  or  means  of  communi- 
cation or  of  egress  or  ingress,  without  notice  having  first 
been  given  to  the  City  Inspector  of  Buildings  and  his 
approval  and  permission  for  such  change  obtained,  as 
hereinbefore  mentioned,  and  if  such  change  increases  the 
cost  of  the  proposed  work,  the  City  Inspector  of  Buildings 
shall  be  paid  an  additional  fee  for  such  approval  and  per- 
mission for  such  change,  in  accordance  with  the  schedule 
of  fees  hereinafter  provided,  such  approval  and  permission 
to  be  charged  for  as  an  additional  permit. 

Sec.  3.  Failure  to  Obtain  Permit  Before  Work  Is 
Started:  If  any  work  shall  have  been  done  on  any  build- 

ing, or  part  of  a building,  for  which  a permit  is  required 
by  this  Ordinance,  before  such  permit  shall  have  been 
taken  out,  and  such  permit  shall  be  subsequently  issued, 
double  the  fee  herein  provided  for  shall  be  collected. 

Sec.  4.  Permit  Void  After  Sixty  Days  if  Work  Be 
Not  Started  or  Be  Abandoned:  If  the  work  authorized 

by  any  such  permit  to  be  done  be  not  begun  within 
sixty  days  from  the  date  thereof,  or  if  the  work  authorized 
by  such  permit  to  be  done  be  suspended  or  abandoned  for 


164 


City  Ordinances 


a period  of  sixty  days  or  more,  such  permit  shall  thereupon 
be  void  and  of  no  further  effect,  and  no  fees  shall  be 
returned,  and  before  any  such  work  or  construction  be 
commenced  or  resumed,  a new  permit  shall  be  taken  out 
and  the  same  fees  as  herein  fixed  for  the  original  permit 
shall  be  paid. 

Sec.  5.  Permit  for  Temporary  Occupation  of  Streets 
and  Alleys:  The  extent  of  occupation  of  sidewalks,  streets 

and  alleys  under  the  terms  of  any  permit  for  street 
obstruction  on  account  of  building  operations,  shall  be  as 
follows:  (Such  permit  to  be  secured  from  the  City  Man- 

ager and  at  his  discretion  after  building  permit  be  issued 
by  the  City  Inspector  of  Buildings.) 

Such  permit  shall  not  authorize  the  occupation  of  any 
sidewalk,  street  or  alley,  or  part  thereof,  other  than  that 
immediately  adjoining  the  lot  lines  of  the  lot  upon  which 
the  building  or  other  structure  for  which  permit  is  issued, 
is  being  erected,  altered  or  repaired.  During  the  process 
of  construction,  alteration  or  repair  of  such  building  or 
other  structure,  and  during  the  progress  of  such  building 
operations,  the  outside  one-third  at  least  of  such  sidewalks 
shall  be  at  all  times  kept  free  and  unobstructed,  for  the 
purpose  of  passage  by  the  public,  and  shall  be  kept  free 
from  rubbish  and  dirt.  Such  sidewalk,  if  there  be  exca- 
vations on  either  side  thereof,  must  be  protected  by  sub- 
stantial railings,  which  shall  be  built  and  maintained  so 
long  as  such  excavations  continues  to  be  open.  It  is  not 
intended  hereby  to  prohibit  the  maintenance  of  a driveway 
for  the  delivery  of  material  across  the  sidewalk  from  the 
curb  line  to  the  building  site.  It  shall  be  permitted  for 
the  purpose  of  delivering  material  to  the  basement  of 
buildings  or  other  structures,  to  elevate  such  temporary 
sidewalk  to  a height  of  not  exceeding  four  feet  above  the 
level  of  the  street.  And  in  case  of  such  elevation  the 
same  shall  be  provided  with  good  substantial  approach 
steps  at  both  ends  or  sides  thereof,  and  it  shall  have  the 
railing  before  specified  on  both  sides  thereof  and  of  such 
approach  steps. 

If  the  building  or  other  structure  to  be  erected  be  of 
three  or  more  stories  in  height,  and  be  set  at  or  near  the 
street  line,  there  shall  be  built  entirely  over  such  sidewalk 
a temporary  roof  having  a framework  or  covering  com- 
posed of  supports  and  stringers  of  2x12  timbers,  not  more 
than  three  feet  apart  on  centers,  covered  by  two  layers  of 
two-inch  planks;  such  roof  to  be  maintained  so  long  as 
material  is  being  used  or  handled  on  such  street  front  and 
above  the  level  of  such  sidewalk.  In  all  cases  such  tem- 
porary sidewalks,  railings,  approaches  and  the  roof  over 
the  same,  shall  be  made,  erected  and  constructed  with 
regards  to  ease  of  approach,  strength  and  safety,  and 
subject  to  the  satisfaction  of  the  City  Inspector  of 
Buildings. 

The  occupation  of  portions  of  streets  or  alleys  by 
building  materials  shall  never  exceed  one-quarter  of  the 
width  of  the  driveway  in  front  or  at  the  side  of  any  one 
building  or  other  structure,  or  one-half  of  the  alley,  and 
in  streets  containing  railroad  tracks,  such  occupation  shall 
not  come  within  four  feet  of  such  railroad  tracks. 


City  of  Phoenix 


165 


Earth  taken  from  excavations,  rubbish  and  all  other 
materials  taken  from  buildings  or  other  structures  must 
not  be  stored  either  upon  sidewalks,  alleys  or  streets,  but 
shall  be  removed  from  day  to  day  as  rapidly  as  produced. 
When  dry  rubbish,  apt  to  produce  dust,  is  being  handled, 
the  same  shall  be  kept  thoroughly  wet  down  so  as  to  pre- 
vent its  being  blown  about  by  the  wind. 

Permission  to  occupy  portions  of  sidewalks,  streets 
and  alleys,  for  the  purpose  of  building  operations  is  in- 
tended only  for  use  in  connection  with  the  actual  erection, 
repair,  alteration  or  removal  of  buildings  or  other  struc- 
tures and  shall  terminate  forthwith  upon  the  completion 
of  such  building  operations.  It  shall  be  unlawful  to  oc- 
cupy any  portion  of  any  sidewalk,  street  or  alley,  for  a 
longer  period  of  time  than  twenty-four  hours  after  the 
completion  of  the  building  operation  for  which  a permit 
has  been  issued  by  the  City  Inspector  of  Buildings.  It 
shall  also  be  unlawful  to  occupy  any  portion  of  any  side- 
walk, street  or  alley  under  the  authority  of  any  such 
permit  for  the  storage  of  articles  not  intended  for  imme- 
diate use  in  connection  with  the  building  operation  for 
which  such  permit  shall  have  been  issued.  Materials  for 
ali  buildings  and  other  structures  shall  be  hoisted  entirely 
within  the  property  lines  of  the  same.  Under  no  circum- 
stances will  derricks  or  derrick  posts  be  permitted  t p be 
set  up  on  the  public  sidewalks,  streets  or  alleys,  and  in  no 
case  shall  the  guy  lines  be  less  than  fifteen  feet  above  the 
sidewalks  and  the  roadbed  of  the  streets  and  alleys. 

Lighted  red  lanterns  shall  be  displayed  and  main- 
tained during  the  whole  of  every  night  at  each  end  of 
each  pile  of  material  upon  any  portion  of  any  sidewalk  or 
in  any  street  or  alley  and  at  each  end  of  and  along  each 
excavation. 

Sec.  6.  Alteration,  Addition  and  Enlargement  of 
Buildings:  No  building  or  other  structure  erected  or  here- 

after to  be  erected  in  the  City  of  Phoenix,  shall  be  en- 
larged, altered,  raised,  built  upon  or  removed,  unless  upon 
the  completion  of  such  work  the  whole  building  or  other 
structure  so  completed  or  so  far  as  same  shall  have  been 
completed,  shall  be  in  compliance  with  the  spirit  of  this 
Ordinance. 

Sec.  7.  Amended  by  Ordinance  116. 

Sec.  8.  Certificates  of  Occupancy:  It  shall  be  the 

duty  of  the  City  Inspector  of  Buildings  to  make  or  cause 
to  be  made  a final  inspection  and  examination  of  all 
buildings  or  other  structures  before  any  thereof  shall,  be 
occupied,  and  if  such  buildings  or  structures  be  found  to 
have  been  erected  and  constructed  in  conformity  to  all 
the  provisions  and  requirements  of  this  Ordinance,  said 
City  Inspector  of  Buildings  shall  issue,  on  a printed  form 
provided  for  that  purpose,  a certificate  thereof  to  the 
owner  or  lessee  a duplicate  whereof  shall  be  indexed  and 
filed  for  reference  in  the  office  of  the  City  Inspector*  of 
Buildings,  and  such  said  certificate  when  so  issued  shall 
entitle  such  building  or  structure  to  be  occupied. 

No  person,  firm,  association  or  corporation  shall 


166 


City  Ordinances 


occupy  any  building  or  structure  until  such  certificate 
has  been  issued. 

It  shall  be  the  duty  of  the  Police  Department  to  stop 
and  prevent  the  occupancy  of  all  buildings  or  other 
structures  that  have  been  erected  or  altered,  until  certifi- 
cates of  occupancy  have  been  issued  by  the  City  Inspector 
of  Buildings. 

Sec.  9.  Buildings  of  one  Class  Used  for  Another: 
If  buildings  or  other  structures  the  use  of  which  require 
them  to  be  of  any  special  class  of  the  classes  hereinafter 
mentioned  in  this  Ordinance  are  to  be  used  for  any  other 
purpose  for  which  a different  class  of  construction  is  called 
for  by  this  Ordinance,  the  construction  and  equipment  of 
such  buildings  or  structures  shall  first  be  made  to  conform 
to  the  requirements  of  this  Ordinance  specified  for  such 
intended  use  or  purpose.  And  it  shall  be  unlawful  to 
apply  such  buildings  or  structures  to  a new  or  different 
use  than  that  to  which  its  structure  and  equipment  is 
adapted  under  this  Ordinance,  unless  the  requirements  of 
this  Ordinance  for  such  new  and  different  use  shall  first 
have  been  complied  with,  and  a certificate  of  occupancy 
and  permit  for  such  alteration  for  such  use  shall  have  first 
been  obtained  from  the  City  Inspector  of  Buildings. 

Sec.  10.  Temporary  Certificates  of  Occupancy:  The 
City  Inspector  of  Buildings  may  issue  a certificate  of  tem- 
porary occupancy,  allowing  the  use  of  a portion  or  portions 
of  any  buildings  or  structures,  provided  said  portions  of 
said  buildings  or  structures  shall  have  been  erected  and 
constructed  in  accordance  with  all  the  requirements  of 
this  Ordinance  governing  the  erection  and  construction  of 
such  buildings  or  structures. 

Sec.  11.  Fees:  The  applicant  or  applicants  for  build- 

ing permits  shall  pay  the  City  Inspector  of  Buildings  for 
expenses  of  inspection  and  examination  of  buildings  and 
plans  and  specifications  the  sum  of  one  dollar  ($1.00),  if 
the  estimated  cost  of  said  building,  structure,  alteration  or 
improvement  shall  not  exceed  five  hundred  dollars 

($500.00);  the  sum  of  two  dollars  ($2.00),  if  the  esti- 
mated cost  of  said  building,  structure,  alteration  or  im- 
provement shall  be  more  than  five  hundred  dollars 
($500.00),  and  not  more  than  one  thousand  dollars 
($1,000.00),  and  if  the  estimated  cost  of  said  building, 
structure,  alteration  or  improvement  shall  exceed  one 
thousand  dollars  ($1,000.00)  then  the  sum  of  one  dollar 
($1.00)  for  each  and  every  one  thousand  dollars 

($1,000.00)  or  fraction  thereof  of  the  estimated  cost 
thereof  up  to  twenty  thousand  dollars  ($20,000.00)  and 
forty  cents  (40c)  for  each  one  thousand  dollars 

($1,000.00)  or  fraction  thereof  of  the  estimated  cost  above 
twenty  thousand  dollars  ($20,000.00). 

PART  III. 

DEFINITIONS  OF  TERMS  USED. 

Section  1.  For  the  purpose  of  this  Ordinance,  the 
following  definitions  shall  be  accepted  as  correct,  unless 
it  is  apparent  from  the  context  that  they  are  used  with 
another  meaning: 


City  of  Phoenix 


167 


Alteration  means  any  change  or  addition. 

Appendages  means  dormer-windows,  cornices,  mould- 
ings, bay-windows,  spires,  ventilators,  etc. 

Apartment  house  or  tenement  house  is  a building- 
containing  separate  apartments  for  three  or  more  families, 
and  having  a street  entrance  common  to  all. 

Assembly  halls  are  buildings  or  parts  of  buildings  not 
included  under  “Theaters,”  where  one  hundred  or  more 
persons  assemble  for  entertainment,  instruction,  worship 
or  dining  purposes.  A private  assembly  hall  is  one  built 
in  connection  with  a school,  hotel,  club,  church  or  society 
building,  and  used  only  by  the  members  for  private  gath- 
erings, and  not  rented  for  public  use.  Every  other  as- 
sembly hall  is  a public  assembly  hall. 

Awnings,  a construction  intended  solely  as  a roof,  or 
shelter  from  the  sun  or  rain,  not  having  a separate  floor. 

Building  or  Structure:  Any  construction  with  or 

without  a roof,  for  residence,  business  or  public  use,  or 
for  the  protection  of  persons,  animals  or  plants,  or  storage 
or  protection  of  goods  or  materials,  and  designed  for  use 
in  the  position  in  which  it  is  fixed. 

Bearing  wall  is  a wall  carrying  a portion  of  the  inte- 
rior load  of  a building. 

Basement  is  that  story  of  a building  or  structure  the 
floor  of  which  is  more  than  one-fourth  of  its  height  below 
the  grade  of  the  street  upon  which  the  principal  entrance 
of  the  building  or  structure  opens. 

Balcony:  A projection  from  the  walls  or  partitions 

of  a building,  having  a floor  and  enclosed  only  by  railing 
or  balustrade. 

Boarding  or  Lodging  House:  A building  used  for  lodg- 
ing or  boarding  purposes,  containing  not  less  than  five  or 
more  than  twenty  rooms  or  table  facilities  for  guests. 

Cellar  is  that  story  of  a building  below  the  ground 
story,  used  solely  for  storage  purposes.  (See  also  base- 
ment.) 

Cement  shall  be  deemed  to  be  Portland  Cement. 

Concrete : For  the  purpose  of  this  Ordinance  shall 

be  deemed  to  be  a mixture  of  Portland  cement,  sand,  rock 
and  clear  water. 

Concrete,  Plain  or  Non-Reinforced,  shall  be  deemed 
to  be  concrete  in  which  no  iron  or  steel  is  imbedded,  and 
shall  be  used  only  in  compression. 

Concrete — Reinforced — shall  be  deemed  to  be  concrete 
in  which  iron  and  steel,  or  either,  is  imbedded  in  such  a 
manner  that  the  combined  concrete  and  iron  or  steel  shall 
sustain  all  the  stresses  imposed  thereon. 

Division  wall  means  any  masonry  or  concrete  wall 
other  than  an  exterior  wall  or  a party  wall  which  extends 
the  full  height  of  the  building  and  through  the  roof. 

Dwelling  means  a building  intended  for  the  residence 
of  not  over  two  families. 

Exterior  wall  means  every  outer  or  vertical  enclosure 
of  the  building  other  than  a party  wall. 

Flats  is  a building  containing  two  or  more  independent 
dwellings,  each  having  its  own  street  entrance. 


168 


City  Ordinances 


Factory  is  a building,  any  portion  of  which  is  used 
for  manufacturing  purposes. 

Fire  wall  is  that  part  of  a masonry  or  concrete  wall 
extending  above  the  roof  immediately  adjoining  such  wall. 

Fixtures:  Shelving,  display  racks,  showcases,  coun- 

ters, balconies  not  over  one-fifth  of  the  floor  area  of  the 
room  in  which  situated,  portable  ladders  or  similar  de- 
vices; chairs,  seats  or  benches;  or  any  similar  article  of 
secondary  structure  for  purposes  of  storage,  display  or 
convenience  in  connection  with  the  operation  of  any  es- 
tablishment or  office,  and  which  are  not  a structural  part 
of  the  building  in  which  such  apparatus  is  installed  or  used. 

Gravel,  Unscreened:  Unscreened  bank  or  river  gravel 

shall  be  well  graded  and  contain  not  more  than  fifty  per 
cent  of  sand,  which  sand  shall  meet  the  requirements  of 
this  Ordinance. 

Gravel,  Screened:  Screened  gravel  shall  be  hard  and 

clean,  and  a well  graded  mixture  of  whole  stone  running 
from  a quarter-inch  diameter  to  three-inch  diameter,  and 
shall  be  free  .from  any  coating  of  clay,  oil  or  other 
material. 

Hotel  means  a building  used  as  a place  of  entertain- 
ment for  transient  guests,  having  more  than  twenty  sleep- 
ing rooms. 

Hospital,  Sanitarium,  Sanitorium  or  Asylum  is  a 
building  in  which  sick,  demented,  injured,  infirm,  aged 
or  orphan  persons  are  housed  or  intended  to  be  housed, 
and  having  accommodations  for  more  than  five  such 
persons. 

Masonry  means  brick,  tile,  terra  cotta  or  other  similar 
substance  approved  by  the  City  Inspector  of  Buildings. 

Office  Building  shall  be  taken  to  mean  and  include 
every  building  which  shall  be  divided  into  rooms  above 
the  first  story  and  used  or  intended  to  be  used  for  busi- 
ness purposes,  and  no  part  of  which  shall  be  used  for 
living  purposes,  excepting  only  for  the  janitor  and  his 
family. 

Party  Wall  means  a wall  used  or  erected  to  be  used 
in  common  as  a structural  wall  by  two  or  more  adjoining 
buildings. 

Partition  Wall  means  any  interior  wall  of  masonry  in 
a building  other  than  a division  wall. 

Partition:  An  interior  division  constructed  of  iron, 

glass,  wood,  lath  and  plaster  or  other  destructible  material. 

Porch:  An  appendage  to  a building,  with  two  or 

more  sides  not  enclosed,  having  a floor  at  least  six  inches 
above  the  adjacent  grade. 

Repairs  means  the  reconstruction  or  removal  of  any 
existing  part  of  a building  or  of  its  fixtures  or  appur- 
tenances. 

Pock,  Crushed:  Granite  boulders  or  any  hard  rock, 

except  rock  carrying  a large  amount  of  mica,  may  be 
crushed  for  use  in  concrete. 

Sand  shall  be  deemed  to  be  bank  or  river  sand,  or 
finely  divided  rock  of  any  hard  variety,  passing  a quarter- 
inch  screen,  which  shall  be  free  from  talc  and  shall  not 
contain  more  than  five  per  cent,  by  volume,  of  loam, 


City  of  Phoenix 


169 


silt,  mica,  quicksand  or  organic  matter,  and  not  more  than 
thirty  per  cent  shall  pass  a thirty-mesh  screen.  The  grad- 
uation from  coarse  to  fine  shall  be  reasonably  uniform. 

Shed:  A light  structure  of  temporary  construction 

not  intended  for  use  as  a habitation. 

Standard:  The  word  standard  whenever  used  in 

this  Ordinance  shall  refer  to  the  standard  adopted  by  the 
National  Board  of  Fire  Underwriters. 

Story  means  the  distance  from  the  top  of  one  floor  to 
the  top  of  the  next  floor  above,  except  in  the  case  of  the 
top  story,  the  height  of  which  shall  be  measured  from 
top  of  floor  to  ceiling  joists.  The  lower  story  shall  be 
considered  a story  and  not  a basement  when  three-fourths 
of  its  height  is  above  the  curb  level  of  the  street  on  which 
it  fronts. 

Store  Building  is  a building  used  wholly  or  in  part 
for  the  purposes  of  exhibiting  goods,  wares  or  merchan- 
dise for  sale. 

Theaters:  All  buildings  or  parts  of  buildings  used  for 

theatrical  or  operatic  purposes  which  contain  a stage  with 
more  than  fifteen  hundred  square  feet  of  scenery,  in- 
cluding all  curtains,  or  where  transient  scenery  is  used; 
also  all  buildings  or  parts  of  buildings  where  motion  or 
other  pictures  are  thrown  upon  a surface  to  be  viewed 
by  an  audience. 

Thickness  of  Wall  means  the  minimum  thickness  of 
any  wall  between  the  floors  or  between  the  floors  and 
ceiling  of  a building. 

Warehouse  is  a building  used  principally  for  the 
storage  of  goods,  wares  or  merchandise. 

Picture  Machine  means  any  device  used  to  project 
upon  a surface  pictures  of  any  character  which  an  audience 
is  admitted  to  view. 


PART  IV. 

FIRE  LIMITS— CLASSES  OF  BUILDINGS  ALLOWED 
THEREIN. 

Section  1.  Classes  of  Buildings  Allowed  in  Special 
Fire  Limits:  It  shall  be  unlawful  for  any  person,  firm, 

association  or  corporation  to  erect  or  maintain,  or  cause 
to  be  erected  or  maintained  within  the  Special  Fire  Limits 
of  the  City,  any  buildings  or  structure  until  the  same 
shall  conform  in  all  respects  to  the  requirements  of  this 
Ordinance  for  buildings  or  structures  of  either  class  “A” 
0v  “B”  construction,  as  the  same  are  in  this  Ordinance 
described,  and  except  as  otherwise  herein  provided  for. 

Sec.  2.  Classes  of  Buildings  Allowed  in  the  General 
Fire  Limits:  It  shall  be  unlawful  for  any  person,  firm, 

association  or  corporation  to  erect  or  maintain,  or  cause 
to  be  erected  or  maintained  within  the  General  Fire  Limits 
of  the  city,  any  building  or  structure  until  same  shall 
conform  in  all  respects  to  the  requirements  of  this  Ordi- 
nance for  buildings  or  structures  of  class  “A,”  “B”  or 
“C,”  as  the  same  are  in  this  Ordinance  described,  and 
except  as  otherwise  herein  provided  for. 


170 


City  Ordinances 


Sec.  3.  The  provisions  of  the  preceding  sections  1 
and  2 shall  not  apply  to  any  buildings  erected  prior  to  the 
adoption  of  this  Ordinance. 

PART  V. 

MATERIAL,  LOADS,  ALLOWED  STRESSES  AND  GEN- 
ERAL PROVISIONS  FOR  CONSTRUCTION 
OF  ALL  BUILDINGS. 

Section  1.  Floor  Loads:  The  minimum  stresses  to 

be  resisted  by  any  structure  shall  be  calculated  by  adding 
to  the  weight  of  the  structure,  called  dead  load,  the  fol- 
lowing superimposed  live  loads  uniformly  distributed,  in 
pounds  per  square  foot  of  horizontal  area. 

Theaters,  assembly  halls  and  other  places  of  assem- 


blage : 

Auditorium  with  fixed  seats.... 70 

Lobbies,  passage  ways  and  auditoriums  or  places  of 

assemblage  without  fixed  seats 80 

Dance  Halls  120 

Theater  Stage  150 

School  buildings,  libraries  and  museums: 

Class  rooms  and  other  rooms  for  similar  use 60 

Corridors  and  similar  public  parts  of  the  building 60 

Hotels,  apartment  and  tenement  houses,  club  houses, 
hospitals,  places  of  detention: 

Private  rooms  and  apartments  50 

Public  corridors,  office  lobbies,  dining  rooms,  etc 60 

Office  buildings: 

First  floor  100 

Upper  floors  . 60 

Stables  80 

Grand  Stands  100 

Garages  100 

All  stairs  100 

Workshops,  factories  and  mercantile  establishments....  100 


In  warehouses,  workshops,  factories  and  mercantile 
establishments  used  for  the  sale,  storage  or  manufacture 
of  heavy  merchandise  or  machinery  the  floors  shall  be 
designed  to  carry  all  loads  safely,  including  an  allowance 
of  at  least  twenty-five  per  cent  for  vibration  where  such 


occurs. 

Roofs  30 

Sidewalks  150 


Except  in  any  building  where  the  floor  load  of  any 
floor  is  taken  as  more  than  150  pounds  per  square  foot, 
the  sidewalk  load  shall  be  taken  equal  to  the  maximum 
floor  load. 

The  foregoing  floor  loads  (but  not  the  roof  or  side- 
walk loads)  may  be  decreased  by  tw'enty  pounds  in  build- 
ings of  fireproof  construction: 

Sec.  2.  Arches  and  Lintels:  Every  opening  exceed- 

ing five  feet  in  width  in  a wall  of  brick  or  stone,  shall 
have  an  arch  of  stone,  brick  or  terra  cotta,  securely  keyed 
and  with  good  and  sufficient  abutments,  or  such  building 
or  structure  shall  have  a lintel  of  stone,  iron,  steel  or 
reinforced  concrete.  If  a wood  lintel  be  used,  over  the 


City  of  Phoenix 


171 


inside  of  any  opening  more  than  thirty-six  inches  wide, 
there  shall  be  a relieving  arch  over  the  same.  No  wood 
lintel  shall  be  placed  over  an  opening  exceeding  five  feet 
in  width.  There  shall  be  no  cast  iron  lintels  used  on 
openings  exceeding  seven  feet  in  width.  No  wooden  beams 
or  girders  shall  be  used  to  support  any  masonry  wall. 

Sec.  3.  Fire  Protection  for  Openings:  No  opening  in 

an  interior  masonry  wall  shall  exceed  8 feet  by  10  feet. 
If  openings  be  in  party  wall  or  fire  wall,  same  shall  have 
standard  automatic  fire  door  on  each  side  of  such  wall. 
If  an  opening  in  a fire  wall  be  made  to  serve  as  an  emer- 
gency exit,  same  shall  not  exceed  48  square  feet  in  area, 
and  a self-closing  swinging  fire  door  shall  be  substituted 
for  one  of  the  automatic  fire  doors.  The  total  openings 
in  a fire  wall  shall  not  exceed  25  per  cent  in  linear  length 
of  the  wall. 

Every  building  or  structure  within  the  Special  Fire 
Limits  except  churches,  dwellings,  tenement  houses,  dormi- 
tories, lodging  houses  and  isolated  public  and  semi-public 
buildings  shall  have  fire  doors,  shutters,  or  wired  glass  in 
incombustible  frames  and  sash  on  every  exterior  opening 
above  the  first  story,  except  when  fronting  on  a street  not 
less  than  thirty  feet  wide,  or  where  no  other  building  be 
within  thirty  feet  of  any  such  opening.  The  wall  of  any 
building  or  structure  in  the  same  plane  as  that  in  which 
any  such  opening  be  situated,  shall  not  be  considered  as 
coming  within  the  intent  of  this  rule. 

All  openings  in  the  side  and  rear  walls  of  the  first 
story,  except  show  windov/s,  shall  be  protected  as  de- 
scribed in  this  section  when  within  thirty  feet  of  any  other 
building  or  structure. 

All  windows  more  than  seventy-five  feet  above  the 
curb  shall  have  incombustible  frames  and  sash  glazed  with 
wired  glass. 

Sec.  4.  Stresses  and  Weights  of  Material:  In  com- 

puting the  strength  and  weights  of  walls,  floors  and 
materials,  a cubic  foot  of  material  shall  be  deemed  to 
have  the  weight  and  strength  given  in  the  table  of  either 
of  the  following  handbooks:  F.  E.  Kidder’s  “Architect  and 
Builder’s  Pocket  Book,”  or  “Haswell’s  Mechanic’s  and 
Engineer’s  Pocket  Book”  or  “Troutwine’s  Hand-Book.” 

Sec.  5.  Foundation  Walls,  Footings:  Depth — The 

depth  of  foundations  of  buildings  and  structures  of 
classes  A.  B and  C shall  be  not  less  than  the  depth  de- 
scribed in  the  following  schedule:  One-story  buildings  or 

structures  not  less  than  one  foot  below  natural  surface  of 
the  ground;  two  or  three-story  not  less  than  two  feet; 
four-story,  not  less  than  three  feet;  five  or  six-story,  not 
less  than  four  feet;  seven-story,  not  less  than  five  feet; 
eight,  nine  or  ten-story,  not  less  than  six  feet. 

Provided,  however,  that  nothing  in  this  section  con- 
tained shall  prevent  the  City  Inspector  of  Buildings  from 
requiring  a greater  depth  for  foundations,  if,  in  the 
judgment  of  the  City  Inspector  of  Buildings,  such  be  nec- 
essary for  the  stability  of  said  foundations  and  the  build- 
ing or  structure  proposed  to  be  erected  thereon. 

Legal  Depth.  The  depth  of  eleven  feet  below  the 


172 


City  Ordinances 


curb  level  of  the  street  is  hereby  fixed  as  the  standard 
depth  of  foundations  for  buildings  and  other  structures. 
Any  person  excavating  for,  or  commencing  a foundation 
at  a greater  depth  than  the  above  standard,  shall  be  re- 
sponsible for  all  damages  resulting  to  adjoining  buildings 
or  structures,  the  foundation  of  which  have  theretofore 
been  constructed  at  a standard  depth.  No  persons  con- 
structing foundations  to  the  standard  depth  shall  be  liable 
for  damages  to  contiguous  buildings  or  structures,  the 
walls  of  which  have  not  been  constructed  to  the  standard 
depth. 

Footings.  Basement  or  foundation  walls  and  piers 
shall  have  footings  of  concrete,  or  be  built  of  other  ap- 
proved masonry  laid  up  in  cement  mortar,  proportioned  to 
the  sustaining  value  of  the  soil,  and  the  loads  to  be  im- 
posed thereon.  Such  footings  shall  be  not  less  than  75 
per  cent  wider  than  the  walls  and  piers  which  they  carry, 
unless  otherwise  provided  for  in  this  Ordinance. 

For  estimating  the  load  on  Footings,  the  following 
conditions  shall  be  observed: 

Warehouses  and  factories,  full  dead  and  full  live  load; 
in  stores,  buildings  and  such  other  structures,  for  light 
manufacturing  purposes,  and  in  buildings  and  other  struc- 
tures for  public  assemblage  or  amusement,  full  dead  load, 
and  75  per  cent  of  the  live  load;  in  office  buildings, 
hotels,  apartment  houses,  dwellings,  stables,  and  such  other 
structures,  a full  dead  load  and  40  per  cent  of  live  load. 
Footings  shall  be  so  designed  as  make  the  load  as  nearly 
uniform  as  possible. 

Sec.  6.  Bearing  Power  of  Soils:  When  no  test  of 

the  sustaining  power  of  the  soil  is  made,  the  respective 
soils  hereinafter  named  shall  be  deemed  to  safely  sustain 
the  following  loads  per  square  foot  of  area: 

Adobe  .. 1500  pounds 

Adobe  Caliche  2000  pounds 

Sandy  Loam  4000  pounds 

Clean  Sand  8000  pounds 

Gravel  12000  pounds 

If  a test  be  made  of  the  sustaining  power  of  the  soil, 
the  City  Inspector  of  Buildings  may  modify  these  require- 
ments, but  he  shall  be  notified  when  such  test  is  to  take 
place,  and  shall  be  present  either  in  person  or  by  repre- 
sentative. The  report  of  the  test  shall  be  filed  in  the 
office  of  the  City  Inspector  of  Buildings,  and  when  doubt 
arises  as  to  the  safe  sustaining  power  of  the  soil  upon 
which  any  building  or  structure  is  to  be  erected,  the  City 
Inspector  of  Buildings  may  order  further  tests  made  to 
determine  the  safe  load.. 

Sec.  7.  Retaining  Walls:  All  retaining  walls  within 

ten  feet  of  any  property  or  curb  line  in  any  basement,  or 
any  walled  embankment  over  four  feet  high,  shall  have  the 
design  and  specifications  (and  if  required  by  the  City 
Inspector  of  Buildings,  strain  sheets  and  calculations) 
placed  on  file  with  the  City  Inspector  of  Buildings  and 
approved  by  him  before  any  construction  shall  commence. 

Sec.  8.  Underpinning  Walls:  All  walls  used  for 


City  of  Phoenix 


173 


underpinning  any  building  or  other  structure,  if  con- 
structed of  masonry,  shall  be  four  inches  thicker  through- 
out than  the  walls  same  support.  Mortar  used  in  masonry 
for  underpinning  shall  contain  not  less  than  one-third 
cement  by  actual  measurement.  All  brick  used  for  un- 
derpinning shall  be  hard  burnt,  well  formed  brick,  well 
wet  with  water  before  using.  Concrete  underpinning  walls 
may  be  of  same  thickness  as  the  walls  they  support  and 
shall  be  properly  reinforced  with  steel  if  required  by  the 
City  Inspector  of  Buildings. 

Sec.  9.  Amended  by  Ordinance  305. 

Sec.  10.  Does  not  exist.  Typographical  error. 

Sec.  11.  Concrete  Bearing  Walls:  Walls  of  plain 

concrete  may  be  built  of  a thickness  four  inches  less  than 
required  for  masonry  walls,  and  the  height  of  such  walls 
shall  not  be  more  than  twenty-four  times  the  thickness 
thereof.  Walls  of  reinforced  concrete  shall  be  specially 
designed  to  meet  the  requirements  of  their  use.  Provided, 
however,  that  in  no  case  shall  any  wall  be  of  less  thickness 
than  the  wall  above. 

Sec.  12.  Hollow  Tile  Construction:  Hollow  tile  may 

be  used  for  bearing  walls  in  buildings  or  structures  not 
exceeding  three  stories  in  height,  or  for  enclosure  walls 
of  skeleton  constructed  buildings  or  structures  of  any 
height  where  such  walls  are  carried  on  beams  at  every 
story,  except  party  walls,  which  shall  be  built  solid. 
Thickness  of  wall  must  conform  to  the  following  schedule : 


First  Second  Third 

One  story  6 inches  

Two  stories  8 inches  6 inches  -- 

Three  stories  . 12  inches  10  inches  6 inches 


Where  tile  work  is  exposed  to  the  weather,  the  outside 
shall  be  plastered  or  some  approved  means  taken  to 
weatherproof  it.  Where  a girder  or  beam  shall  rest  upon 
a wall  so  that  there  be  a concentrated  load  of  two  tons  or 
over,  some  means  shall  be  taken  of  supporting  the  ends  of 
such  beams  or  girders  either  by  filling  the  tile  solidly  with 
concrete,  or  by  the  use  of  bearing  iron  plates. 

No  tile  shall  be  loaded  in  excess  of  150  pounds  per 
square  inch  of  net  section  in  compression,  if  set  on  end, 
or  seventy-five  pounds  if  set  on  sides,  unless  a special 
permit  therefor  be  issued  by  the  City  Inspector  of  Build- 
ings for  some  specified  method  of  construction. 

All  hollow  tile  for  exterior  walls  or  bearing  partitions 
shall  be  laid  in  cement  mortar.  A bond  composed  of  metal 
lath  or  wire  mesh  shall  be  placed  the  full  thickness  of  the 
wall  every  fourth  course,  such  metal  lath  or  wire  mesh 
shall  be  not  coarser  than  one-half  inch  and  of  galvanized 
wire. 

Where  there  is  a concentrated  load,  solid  construction 
shall  be  used  to  take  care  of  the  load  at  that  point. 

Sec.  13.  Existing  Party  Walls:  Walls  heretofore 

built  for  and  now  used  as  party  walls,  the  thickness 
whereof  at  the  time  of  their  erection  was  in  accordance 
with  the  then  existing  Ordinance,  but  which  are  not  in 
accordance  with  the  requirements  of  this  Ordinance,  may 


174 


City  Ordinances 


be  so  continued  and  used  as  such  party  walls  if  in  good 
condition  for  the  ordinary  uses  of  party  walls,  provided 
the  height  of  same  be  not  increased  or  such  wall  be  not 
otherwise  so  changed  or  used  as  to  endanger  life,  limb 
or  property. 

Sec.  14.  Fire  Walls:  All  exterior,  division  and  party 

walls  of  masonry  in  buildings  or  other  structures  of  classes 
“A,”  “B”  and  “C,”  except  as  hereinafter  provided,  shall 
extend  through  and  be  at  least  two  feet  above  the  adjoin- 
ing roof  line,  and  shall  be  at  least  eight  inches  thick. 
Such  fire  walls  shall  be  continuous  without  openings 
therein,  except  as  otherwise  provided  in  this  Ordinance, 
and  if  brick  or  stone,  shall  be  laid  in  mortar  containing 
not  less  than  one  part  of  cement  to  three  parts  of  good 
lime  mortar,  such  cement  mortar  to  extend  from  the  top 
of  the  wall  to  a point  two  feet  below  the  roof  joists,  and 
all  such  brickwork  shall  be  laid  as  “full  grouted”  or 
“shoved  work.”  When  masonry  fire  wall  extends  more 
than  four  feet  and  six  inches  above  the  adjoining  roof 
line,  said  wall  shall  be  not  less  than  twelve  inches  thick, 
and  if  over  eight  feet  high  shall  be  increased  in  thickness 
or  reinforced  by  pilasters  not  over  twenty  feet  apart,  or 
shall  be  anchored  with  three-fourths  inch  rods,  or  pipes 
of  one-inch  outside  diameter,  as  directed  by  the  City  In- 
spector of  Buildings;  such  anchors  shall  be  secured  to  the 
roof,  shall  have  “T”  heads  built  eight  inches  into  the  wall, 
shall  be  placed  eight  inches  below  the  top  of  the  wall,  and 
not  more  than  fifteen  feet  apart. 

In  class  “A”  buildings  or  structures  over  one  hundred 
feet  in  height  the  fire  wall  on  the  street  front  may  be 
omitted.  When  such  fire  walls  are  omitted  the  roof  shall 
be  protected  at  the  outer  edge  of  the  cornice  by  a con- 
crete curb  twelve  inches  wide  with  a vertical  face  on  its 
inner  side  at  least  four  inches  high,  and  at  the  building 
line  a substantial  railing  not  less  than  three  feet  high, 
constructed  of  two-inch  diameter  galvanized  wrought  iron 
piping,  either  well  sunk  into  such  wall  or  well  anchored 
to  the  roof,  with  standards  not  less  than  ten  feet  apart, 
and  to  consist  of  two  horizontal  lines  of  piping  placed 
eighteen  inches  apart,  and  secured  to  the  posts  with  gal- 
vanized iron  screw  fittings. 

Buildings  or  structures  of  classes  “A,”  “B”  and  “C” 
construction,  having  roofs  pitched  at  an  angle  of  thirty 
degrees  or  more  and  located  outside  of  General  and  Spe- 
cial Fire  Limits,  shall  not  be  required  to  have  fire  walls. 

Buildings  or  structures  of  class  “A”  and  “B”  con- 
struction, having  a roof  construction  of  fireproof  material, 
and  which  roof  has  a pitch  or  rise  of  not  less  than  one 
foot  vertical  to  four  foot  of  horizontal  run,  and  the  outer 
walls  terminating  with  a cornice,  shall  not  be  required  to 
have  fire  walls. 

Sec.  15.  Recesses:  Recesses  for  alcoves  and  for 

similar  purposes  shall  have  not  less  than  eight  inches  of 
masonry  at  the  back  of  such  recesses,  shall  be  not  more 
than  eight  feet  wide,  and  shall  be  arched  over  or  spanned 
with  iron  or  concrete  lintels,  and  no  recess  shall  be  made 
nearer  than  six  feet  to  any  other  recess  in  the  same  wall. 


City  of  Phoenix 


175 


Recesses  for  pipes  provided  in  masonry  walls  shall  be 
left  by  the  masons  and  shall  have  not  less  than  four  inches 
of  masonry  at  the  back  thoroughly  bonded  to  the  rest  of 
the  wall.  Recesses  for  pipes  in  walls  already  erected  shall 
have  all  the  space  within  such  recesses,  except  the  space 
actually  occupied  by  the  piping,  refilled  and  well  packed 
with  a cement  mortar  in  proportions  not  less  than  one  part 
cement  to  four  parts  of  sand,  cast  in  place.  No  horizontal 
recess  more  than  four  feet  long  shall  be  made  or  permitted 
in  any  wall. 

Sec.  16.  Furred  Walls:  Furred  masonry  walls  shall 

be  provided  with  fire  stops  at  each  floor  and  intermediate 
between  the  floors. 

Sec.  17.  Bond  in  Common  Brickwork:  The  bond  in 

common  brickwork  shall  be  formed  by  laying  at  least  one 
course  of  headers  for  every  six  courses  of  stretches. 

Sec.  18.  Bonding  of  Facing  Material:  If  facing  be 

used,  it  shall  be  bonded  into  its  backing  at  least  six  inches 
each  way,  or  oftener  if  required  in  the  judgment  Qf  the 
Qity  Inspector  of  Buildings.  Bond  for  brick  shall  be  estab- 
lished by  solid  headers  or  by  crimped  or  corrugated  gal- 
vanized iron  strips  not  less  than  one  inch  wide,  not  less 
than  one-sixteenth  of  an  inch  thick,  and  not  less  than 
eight  inches  long,  placed  at  right  angles  to  the  face  of 
the  wall.  If  such  strips  are  used  for  bonding,  each  alter- 
nate brick  shall  be  bonded.  No  diagonal  bonds  shall  be 
allowed.  Pressed  brick  in  all  cases  shall  be  laid  so  as  to 
have  a full  bed  of  mortar  under  each  brick.  The  mortar 
used  in  bonding  all  pressed  brick  shall  have  cement  added 
thereto  in  the  proportion  of  not  less  than  one-sixth  of  the 
bulk  of  the  mortar.  All  veneer  facings  of  stone,  terra 
cotta  and  cement  stone  shall  be  bonded  by  metal  ties  in 
the  form  of  staples  or  hooks  not  less  than  one-fourth  of  an 
inch  in  diameter.  All  ties  shall  be  bonded  into  the  wall, 
or  structural  parts  of  the  building  or  structure  not  less 
than  four  inches,  with  the  ends  turned  over  to  give  a 
mechanical  anchorage,  and  such  ties  shall  be  not  less  than 
twelve  inches  apart  horizontally,  and  shall  be  used  in 
every  horizontal  joint,  except  in  brick  used  in  every  third 
joint. 

Sec.  19.  Veneering  of  Frame  Structures:  No  veneer- 
ing of  brick,  stone,  or  terra  cotta  shall  be  placed  in,  against 
or  upon  any  frame  building  or  structure  of  more  than 
two  stories  in  height.  All  such  veneered  buildings  or 
structures  shall  be  sheathed  solid  with  one-inch  boards. 
Veneering  shall  not  be  less  than  four  inches  in  thickness, 
and  shall  be  built  on  a solid  foundation,  and  well  bonded 
under  the  directions  of  the  City  Inspector  of  Buildings. 

Sec.  20.  Chimneys  and  Flues.  All  chimneys  and 
flues  hereafter  constructed  shall  be  of  masonry  or  con- 
crete. The  walls  of  such  chimneys  and  flues  in  dwellings, 
one-story  flats — and  apartment  houses  shall  be  not  less 
than  four  inches  thick  and  in  all  other  buildings,  if  such  walls 
are  less  than  eight  inches  thick,  such  walls  shall  be  lined  on 
the  inside  with  well-burnt  clay  or  terra  cotta  pipe  not  less 
than  one  inch  thick.  Such  linings  shall  extend  from  the  bot- 
tom of  a flue  and  be  continuous  to  the  top  thereof,  and  shall 


176 


City  Ordinances 


be  enclosed  as  carried  up.  Flues  in  which  lining  is  not 
required  in  this  Ordinance  shall  have  smooth  struck  joints 
on  the  inside  thereof;  and  if  the  walls  thereof  are  less 
than  eight  inches  thick,  shall  be  thoroughly  plastered 
smoothly  on  the  inside  and  outside  with  one  to  five  cement 
mortar  for  the  entire  height  thereof,  excepting  such  por- 
tions as  are  exposed  to  the  weather.  No  smoke  flue  shall 
be  less  than  fifty  square  inches  area  in  the  clear,  inside 
measurement,  and  such  sized  flue  shall  have  but  one  inlet; 
for  two  inlets  the  flue  shall  be  not  less  than  seventy-five 
square  inches  area  in  the  clear,  inside  measurement.  No 
more  than  two  inlets  will  be  permitted  to  any  flue.  Flues 
larger  than  two  hundred  square  inches  and  less  than  five 
hundred  square  inches,  inside  area,  shall  have  walls  not 
less  than  twelve  inches  thick  to  a height  of  fifteen  feet 
above  the  inlet,  and  eight  inches  thick  for  the  remaining 
height;  plus  larger  than  one  thousand  square  inches,  inside 
area,  shall  be  proportionately  increased  in  size,  and  shall  be 
lined  with  fire  brick  for  at  least  twenty  feet  above  the  inlet. 

Bakery  oven  flues  shall  not  be  less  than  twelve  inches 
square  in  the  clear,  inside  measurement,  and  shall  have 
masonry  walls  not  less  than  eight  inches  thick. 

The  inside  four  inches  of  the  walls  for  all  smoke 
flues  for  boilers  of  over  twenty-five  horse  power  shall, 
for  the  distance  of  twenty-five  feet  above  the  source  of 
heat  and  three  feet  below,  be  constructed  of  fire  brick 
laid  in  fire  mortar.  All  chimneys  having  a greater  flue 
area  than  two  hundred  and  sixty  square  inches,  inside 
measurement,  shall  be  carried  up  at  least  eight  feet  above 
the  highest  point  of  the  roof  of  the  building  in  which  they 
are  located. 

All  inlets  of  smoke  pipes  into  chimneys  or  flues  shall 
be  terra  cotta  thimbles  not  less  than  one  inch  thick,  set 
in  place  as  the  construction  progresses.  Thimbles  shall  be 
surrounded  by  four  inches  of  brickwork  brought  flush  with 
the  furring,  and  shall  extend  to  the  face  of  the  plastering 
and  be  not  nearer  than  six  inches  to  any  woodwork. 

No  chimney  shall  be  supported  by  or  upon  any  floor 
or  beam  of  wood,  but  shall  be  supported  from  the  ground 
up,  or  by  masonry  or  concrete.  No  chimney  shall  be 
corbelled  out  more  than  eight  inches  from  the  wall,  pro- 
vided that  no  corbelling  shall  be  more  than  four  inches 
in  nine-inch  walls.  No  chimney  or  flue  shall  be  offset 
or  drawn  over  for  any  purpose,  more  than  one-third  qf  its 
exterior  width  or  thickness. 

No  joists  or  girders  shall  be  supported  on  the  walls  of 
any  chimney  or  flue.  No  woodwork  shall  be  placed 
nearer  than  two  inches  to  the  outside  face  of  any  smoke 
flue.  All  wooden  joists  shall  be  trimmed  away  at  least 
two  inches  from  any  smoke  flue. 

All  chimneys  and  flues  shall  extend  at  least  four  feet 
above  flat  roofs,  except  as  hereinafter  required.  Where 
chimneys  or  flues  project  through  a pitched  roof  at  or 
near  the  ridge  of  peak  thereof,  they  shall  project  not  less 
than  two  feet  above  such  ridge  or  peak.  Where  chimneys 
or  flues  pierce  the  roof  at  the  eaves  or  at  the  slopes  of 
the  roof,  they  shall  extend  above  that  portion  of  the  roof 


City  of  Phoenix 


177 


not  less  than  five  feet.  If  any  such  chimney  projects 
above  the  roof  to  a height  of  more  than  six  times  its 
least  cross  section,  it  shall  be  braced  with  an  iron  rod  or 
pipe  not  less  than  one  inch  in  diameter  with  a fixed 
washer  at  each  side  of  such  chimney,  which  brace  shall 
extend  through  such  chimney  at  a point  not  more  than 
four  feet  below  the  top  thereof.  Every  chimney  projecting 
above  the  roof  more  than  six  times  the  thickness  of  its 
least  cross  section  shall  have  at  least  three  four-inch 
cross  walls,  or  two  eight-inch  walls  across  its  least  width, 
and  all  such  chimneys  shall  be  laid  in  cement  mortar  from 
the  top  thereof  to  the  first  tier  of  joints  below  the  roof 
joists  as  provided  for  under  head  of  “Fire  Walls.” 

Sec.  21.  Fireplaces:  All  fireplaces  and  chimney 
breasts  in  any  building  or  structure  shall  have  trimmer 
arches  not  less  than  four  inches  in  thickness  to  support 
the  hearth,  unless  same  shall  rest  upon  solid  earth  fillings. 
Such  arches  shall  be  of  brick,  stone  or  concrete,  and  shall 
be  at  least  twenty  inches  wide,  measured  from  the  face 
of  the  fireplace,  and  their  length  be  not  less  than  the 
width  of  the  chimney  breast.  Such  hearth  shall  be  not  less 
than  two  inches  in  thickness  additional  to  such  arches. 
Wood  centers  shall  be  removed  from  trimmer  arches  of 
such  fireplaces  and  chimney  breasts  after  the  same  shall 
have  been  constructed.  No  timber  of  any  kind  shall  be 
left  under  any  trimmer  arch,  fireplace  or  hearth.  Hearths 
shall  be  of  brick,  tile,  stone  or  concrete,  at  least  three 
inches  thick.  The  firebacks  and  jambs  of  all  fireplaces 
shall  be  of  solid  masonry  not  less  than  eight  inches  thick. 
No  wood  construction  shall  be  placed  within  eight  inches 
of  any  fireplace  opening. 

Sec.  22.  Terra  Cotta  Chimneys:  There  may  be 

erected  in  buildings  and  other  structures  in  that  portion 
of  the  City  of  Phoenix  outside  of  the  General  and  Special 
Fire  Limits,  chimneys  of  terra  cotta  pipe.  The  walls  of 
such  terra  cotta  pipe  chimneys  shall  be  not  less  than 
three-fourths  of  an  inch  thick,  and  all  terra  cotta  pipe 
used  in  the  construction  of  such  chimneys  shall  be  free 
from  checks,  cracks  and  other  such  defects.  If  such  terra 
cotta  pipe  or  chimney  be  supported  on  a bracket,  such 
bracket  shall  be  securely  fastened  to  the  building.  Between 
the  inlet  to  such  pipe  or  chimney  and  the  bracket  or  floor 
sustaining  the  same  there  shall  be  at  least  six  inches  of 
cement  mortar  on  a sheet  of  metal  and  there  shall  be  a 
clear  space  of  at  least  two  inches  between  such  terra 
cotta  pipe  or  chimney  and  any  woodwork,  and  if  the 
intervening  space  between  such  woodwork  and  such  pipe 
or  chimney  is  to  be  closed,  the  same  shall  be  closed  with 
tin  or  iron. 

All  terra  cotta  chimneys  or  pipes  shall  be  securely 
strapped  and  fastened  to  the  building  by  means  of  iron 
straps,  and  all  joints  in  such  chimneys  or  pipes  shall  be 
thoroughly  cemented.  No  terra  cotta  chimney  or  pipe 
shall  be  concealed  by  walls,  ceiling  or  roof,  but  shajl  be 
exposed  to  view  at  every  point  thereof. 

Sec.  23.  Smokestacks  of  Iron  or  Steel:  Smokestacks 

of  iron  or  steel  passing  through  floors,  ceilings,  roof  .or 


178 


City  Ordinances 


partitious  of  any  building  or  structure  shall  not  be  con- 
structed or  permitted  to  be  nearer  than  twenty  inches  to 
any  woodwork,  and  shall  be  protected  by  a solid  metal 
jacket  twelve  inches  from  the  stack,  and  such  jacket  shall 
extend  not  less  than  six  inches  above  and  not  less  than 
twelve  inches  below  the  joists  of  such  floor,  ceiling  or 
roof,  or,  if  it  extends  through  a partition,  then  such  jacket 
shall  project  twelve  inches  from  the  near  and  six  inches 
from  the  far  side  thereof.  All  woodwork  enclosures  of 
such  stacks  which  shall  be  within  four  feet  thereof  shall 
be  metal  lathed  and  plastered  or  shall  be  covered  with 
sheet  metal  on  the  inside  of  such  enclosures.  Such  stack 
on  the  outside  of  a building  shall  be  not  nearer  than 
eighteen  inches  to  any  woodwork  or  wood  lath  and  plaster, 
nor  nearer  than  twelve  inches  to  any  woodwork  or  wood 
lath  and  plaster  protected  with  metal  extending  two 
feet  on  each  side  of  such  stack. 

Sec.  24.  Ventilation  Under  Floors:  In  all  buildings 

having  wooden  floor  joists  for  the  first  floor  proper, 
ample  ventilation  shall  be  provided  between  the  ground 
and  the  first  floor  joists. 

Sec.  25.  Access  to  Roofs:  All  roofs  of  less  pitch 

than  three  inches  in  one  foot  shall  be  so  constructed  as  to 
be  reached  from  the  inside  by  substantial  stairs  or  ladder, 
or  by  substantial  iron  steps  well  fastened  to  the  outside 
of  the  outer  wall.  When  roofs  contain  scuttles,  the  same 
shall  be  at  least  twenty-four  by  thirty-six  inches  in  size, 
and  the  frames  and  lid  thereof  shall  be  covered  with  roof- 
ing material,  and  there  shall  be  substantial  stationary  lad- 
ders communicating  with  such  scuttle. 

In  all  buildings  and  other  structures  there  shall  be  a 
scuttle  not  less  than  twenty-four  by  thirty-six  inches  giving 
access  to  the  space  between  the  ceiling  and  the  roof. 

Sec.  26.  Gutters  and  Downspouts:  Every  building 

and  structure,  except  residences  within  either  of  the  fire 
limits  shall  be  provided  with  metallic  water  conductors  of 
sufficient  capacity  to  drain  and  convey  all  surface  drainage 
from  the  roof  thereof  to  the  street  or  alley  gutter.  Such 
water  conductor  shall  be  extended  from  the  building  below 
the  surface  of  the  sidewalk,  except  in  alleys,  and  shall  not 
extend  beyond  the  curbline  of  the  street.  Such  extension 
of  such  conductors  shall  be  of  a permanent  character  and 
of  material  approved  by  the  City  Inspector  of  Buildings. 

Sec.  27.  Window  Openings  Required  in  All  Rooms: 
In  all  rooms  of  dwelling  houses,  hospitals,  schools,  apart- 
ment houses,  tenement  houses  and  other  buildings  erected 
for  the  purpose  of  housing  human  beings,  there  shall  be 
at  least  one  window  opening  upon  a street,  court,  yard 
or  porch,  which  shall  be  open  to  the  outer  air.  Such  win- 
dow openings  shall  have  an  area  of  at  least  ten  per  cent 
of  the  floor  area  of  the  room,  and  the  sash  thereof  shall 
be  arranged  to  open  at  least  one-half  of  the  window  area. 

Sec.  28.  Cornices:  All  cornices  shall  be  of  substan- 

tial construction  and  designed  to  carry  a live  load  of  at 
least  fifteen  pounds  per  square  foot,  and  in  no  case  shall 
any  cornice  exceed  five  feet  in  width. 


City  of  Phoenix 


179 


Sec.  29.  Plaster  Board:  Whenever  in  this  Ordinance 

metal  lath  is  required  to  be  used,  there  may  be  used  in 
lieu  thereof  plaster  board,  composed  of  pure  gypsum,  wood 
and  manilla  fibre  or  of  other  similar  materials,  and  not 
less  than  seventy-five  per  cent  (75%)  of  the  materials 
composing  such  plaster  board  shall  be  of  non-inflammable 
material.  Such  plaster  board  shall  not  be  less  than  three- 
eighths  ( % ) an  inch  in  thickness  and  so  constructed  as 
to  form  a mechanical  key  or  bond  between  the  plaster 
board  and  the  finish  plaster.  Such  mechanical  key  or 
bond  shall  be  equally  distributed  and  shall  compose  at 
least  twenty  per  cent  (20%)  of  the  surface  of  the  plaster 
board. 

Any  type  of  plaster  board  desired  to  be  used  as  in 
this  section  specified,  shall  be  first  tested  and  demon- 
strated to  the  satisfaction  of  the  City  Manager,  the  City 
Inspector  of  Buildings  and  the  Fire  Chief,  or  a majority 
thereof,  by  such  tests  as  the  aforementioned  officials  may 
demand,  that  such  plaster  board  is  at  least  the  equal, 
under  the  same  condition  of  test,  of  metal  lath  and 
plaster. 

Whenever  in  this  Ordinance  stamped  metal  is  per- 
mitted to  be  used,  there  may  be  used  in  lieu  thereof  any 
type  of  plaster  board  approved  by  the  City  Manager,  the 
City  Inspector  of  Buildings  and  the  Fire  Chief,  or  a ma- 
jority thereof. 

PART  VI. 

CONCRETE  CONSTRUCTION. 

Sec.  1.  (a)  Before  a Permit  Shall  Be  Granted  to 

construct,  erect,  alter  or  repair  any  reinforced  concrete 
building  or  other  structure,  or  for  any  reinforced  concrete 
construction  in  or  upon  any  building  or  other  structure, 
the  applicant  for  such  permit  shall  file  with  the  City 
Inspector  of  Buildings  complete  plans,  drawings,  specifica- 
tions and  details  showing  the  size,  position  and  reinforce- 
ment of  structural  members,  and  schedules  for  the  loads 
for  all  columns,  girders,  beams  and  joists. 

Such  plans,  drawings,  specifications  and  details  shall 
possess  the  approval  in  writing  and  signature  of  a com- 
petent architect  or  engineer.  Such  concrete  construction 
shall  be  designed  in  accordance  with  the  data  kept  on  file 
for  such  purpose  in  the  office  of  the  City  Inspector  of 
Buildings. 

(b)  The  calculated  dimensions  for  all  walls,  col- 
umns, girders,  beams  and  slabs,  as  shown  by  such  plans, 
drawings,  specifications  and  details,  shall  indicate  and 
denote  the  full  solid  thickness  of  the  concrete  thereof 
only,  exclusive  of  the  plaster  and  cement  finish. 

(c)  The  architect,  owner,  builder  or  other  person 
immediately  in  cha^e  of  the  construction  of  any  rein- 
forced concrete  building  or  other  structure  shall  at  all 
times  during  the  placing  of  the  reinforcing  iron  or  steel 
and  the  mixing  and  depositing  of  concrete,  provide  and 
maintain  an  inspector  duly  qualified  and  competent,  and 
who  shall  require  full  compliance  with  the  provisions  of 
this  Ordinance  regulating  the  construction  of  reinforced 


180 


City  Ordinances 


concrete  buildings  and  other  structures.  Any  such  in- 
spector who  shall  fail,  refuse  or  neglect  to  immediately 
stop  the  construction  of  any  such  reinforced  concrete 
work  which  shall  fail  to  comply  with  the  requirements  of 
this  Ordinance,  or  with  the  approved  plans  and  specifica- 
tions of  such  building,  structure  or  construction,  and,  im- 
mediately report  the  same  to  his  employer  and  to  the  City 
Inspector  of  Buildings,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof  shall  be  punishable 
by  a fine  of  not  more  than  three  hundred  dollars 
($300.00)  or  by  imprisonment  in  the  city  jail  for  a period 
of  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Sec.  2.  For  Reinforced  Concrete  Floor  Slabs,  Thin 
Partition,  Beams,  Girders  and  Columns:  The  rock  or 

gravel  used  therein  shall  be  of  a well-graded  mixture  run- 
ning from  one-quarter  inch  diameter  to  rock  passing 
through  an  inch  and  one-quarter  inch  ring. 

For  reinforced  concrete  walls,  footings  and  piers,  the 
rock  or  gravel  used  therein  shall  be  a well-graded  mixture 
running  from  one-quarter  inch  diameter  to  rock  passing 
through  a two  and  one-quarter  inch  ring. 

For  heavy  walls,  piers  and  mass  concrete  work  the 
rock  used  therein  shall  be  a well-graded  mixture  running 
from  one-quarter  inch  to  rock  passing  through  three  and 
one-half  inch  ring. 

Sec.  3.  Tests:  The  City  Inspector  of  Buildings  may 

at  his  option  require  tests  of  all  materials  according  to  the 
standards  of  the  American  Society  for  Testing  Materials, 
and  upon  such  tests  all  such  materials  or  class  of  material 
that  shall  fail  to  qualify  under  such  tests  shall  be  re- 
jected. Specific  data  as  to  such  requirements  of  tests 
shall  be  kept  on  file  by  the  City  Inspector  of  Buildings 
for  reference  and  inspection. 

Sec.  4.  Mixing  of  Concrete,  Unit  Measure  and 
Weight:  (a)  The  unit  measure  for  proportions  in  mixing 

concrete  shall  be  the  cubic  foot.  A sack  containing  ninety- 
four  pounds  net  of  cement  shall  be  deemed  to  be  one 
cubic  foot.  Four  such  sacks  of  cement  shall  be  deemed 
to  be  a barrel  of  cement. 

The  fine  and  coarse  aggregates  to  be  used  in  con- 
crete mixtures  shall  be  measured  separately  and  loosely 
thrown  into  the  measuring  receptacle,  and  shall  be  used 
in  such  relative  proportions  as  will  insure  maximum 
density. 

Plain  concrete  shall  be  deemed  to  weigh  one  hundred 
and  forty-four  pounds  per  cubic  foot.  Reinforced  con- 
crete shall  be  deemed  to  weigh  one  hundred  and  fifty 
pounds  per  cubic  foot. 

(b)  Whenever  the  amount  of  concrete  in  any.  one 
building  or  structure  shall  equal  or  exceed  one  hundred 
cubic  yards,  such  concrete  shall  be  mixed  in  a “Batch 
Mixer.”  If  such  concrete  be  under  one  hundred  cubic 
yards,  it  may  be  mixed  in  a continuous  mixer,  or  it  may 
be  mixed  by  hand,  in  which  latter  case  it  shall  be  turned 
dry  until  showing  a uniform  color  without  streaks,  and 
thereafter  at  least  twice  during  the  addition  of  water. 


City  of  Phoenix 


181 


If  for  any  reason  such  concrete  mixture  separates,  it 
shall  be  mixed  until  no  separation  takes  place  before  being- 
deposited.  In  no  event  shall  concrete  be  used  after  it  has 
acquired  its  initial  set. 

Sec.  5.  (a)  Forms:  All  forms  and  centering  for 

concrete  work  shall  be  amply  strong,  tight  and  well  braced, 
so  as  not  to  deform,  and  all  shoring  and  props  shall  be  suffi- 
ciently strong  and  rigid  to  prevent  any  undue  jarring  of 
concrete  while  setting. 

(b)  All  forms  shall  be  so  built  as  to  allow  thorough 
cleaning  before  concrete  is  deposited. 

(c)  Concrete  columns  and  walls  shall  not  be  stripped 
under  five  days;  floor  slabs  not  under  seven  days,  and 
beams  and  girders  not  under  fifteen  days;  in  no  case  shall 
the  forms  and  centering  be  removed  until  the  concrete 
shall  be  fully  capable  of  sustaining  its  own  load  together 
with  the  added  load  of  construction. 

PART  VII. 

CLASS  “A”  BUILDINGS  AND  STRUCTURES. 

Section  1.  Definitions  and  Limit  of  Height:  Class 

“A”  buildings  and  structures  designated  as  “fireproof”  or 
“skeleton”  construction,  shall  include  every  building  or 
structure  wherein  all  external  or  internal  loads  or  strains 
are  transmitted  to  the  foundation  by  means  of  reinforced 
concrete  or  by  means  of  a skeleton  or  framework  of  steel 
or  iron,  the  beams  and  girders  of  which  shall  have  been 
riveted  or  bolted  to  each  other  at  their  respective  juncture 
points,  provided,  however,  that  in  any  building  or  structure 
of  class  “A”  construction  not  exceeding  two  stories  in 
height,  the  exterior  walls  may  be  constructed  of  masonry 
with  piers  of  not  less  than  six  feet  in  width,  and  of  the 
thickness  required  for  the  buildings  or  structures  of  the 
same  height  of  class  “B”  construction.  All  beams,  girders 
and  other  steel  and  iron  work  shall  be  thoroughly  an- 
chored and  tied  to  masonry. 

No  building  or  structure  of  class  “A”  construction 
shall  exceed  in  height  two  hundred  feet;  no  building  or 
structure  of  class  “A”  reinforced  concrete  construction 
shall  exceed  in  height  one  hundred  and  thirty-three  feet 
to  the  highest  point  of  the  roof;  provided,  that  in  building 
or  structure  of  class  “A”  construction  fire  walls  may 
extend  not  to  exceed  six  feet  above  the  highest  point  of 
the  roof;  that  pent  houses  and  roof  structures  for  the 
hqusing  of  stairways  may  extend  not  to  exceed  twelve 
feet  above  the  highest  point  of  the  roof;  that  the  structure 
for  housing  elevator  shafts  or  elevator  machinery  may 
extend  not  to  exceed  twenty-two  feet  higher  than  the 
highest  point  of  the  roof. 

Sec.  2.  Outer  Walls:  All  outer  walls  of  every  build- 

ing of  class  “A”  shall  be  constructed  of  either  brick,  stone, 
terra  cotta  blocks  or  concrete.  Every  steel  or  iron  column 
of  every  outer  wall  of  any  such  building  shall  have  not 
less  than  four  and  one-half  inches  of  brick,  stone,  tile  or 
concrete  beyond  its  outer  flanges.  Where  a facing  of 
granite,  marble  or  other  stone  which  is  subject  to  disin- 
tegration by  heat  is  used,  every  metal  beam,  girder  and 


182 


City  Ordinances 


column  shall  be  protected  independently  of  such  facing 
with  not  less  than  two  inches  of  concrete  or  of  brick, 
stone  or  tile,  laid  in  cement  mortar.  In  no  case  shall  a 
bearing  column  be  built  of  granite  or  marble.  Walls  of 
exterior  light  courts  shall  be  constructed  as  herein  pro- 
vided for  the  construction  of  outer  walls. 

Sec.  3.  Filler  Walls:  Exterior  walls  built  as  filler 

walls,  that  is  to  say,  walls  which  are  carried  at  every 
story  by  beams  of  fireproof  construction,  shall  be  not 
less  than  four  inches  thick  for  reinforced  concrete,  and 
not  less  than  eight  inches  thick  for  other  masonry. 

Sec.  4.  Interior  Partitions:  Interior  partitions  in 

any  building  or  structure  of  class  “A”  shall  be  constructed 
of  either  terra  cotta  blocks,  gypsum  blocks,  brick  or  rein- 
forced concrete,  in  which  the  stiffening  metal  shall  be 
thoroughly  fireproofed,  or  shall  be  constructed  of  bars  of 
metal  lathed  with  metal  lath  and  plastered  not  less  than 
five-eighths  of  an  inch  thick,  or  shall  be  constructed  of 
wire  glass  not  less  than  one-fourth  of  an  inch  thick  set  in 
metal  frames  or  sash.  The  walls  of  all  interior  light  courts 
shall  be  not  less  than  eight  inches  thick  where  constructed 
of  brick,  not  less  than  four  inches  where  constructed  of 
concrete,  and  not  less  than  six  inches  where  constructed 
of  hollow  terra  cotta  or  gypsum  blocks. 

Sec.  5.  Construction  of  Floors:  Every  floor  in  any 

building  or  structure  of  class  “A”  shall  be  constructed  of 
reinforced  terra  cotta  and  brick,  reinforced  concrete  and 
brick,  reinforced  terra  cotta,  or  reinforced  concrete,  in 
either  of  which  event  the  proper  provision  shall  be  made 
by  metal  rods  protecting  against  the  spreading  of  the 
beams.  The  flanges  of  the  beams  or  girders  shall  be 
protected  by  at  least  one  inch  of  concrete  or  tile.  The 
top  of  every  arch  in  floor  construction  shall  be  filled  with 
concrete  to  a level  of  one  inch  above  the  beam  tops;  if 
wood  sleepers  are  used  for  the  purpose  of  laying  finished 
floors,  said  sleepers  shall  be  filled  between  with  concrete 
or  other  non-combustible  material. 

Sec.  6.  Elevator  Shafts:  All  elevators  in  buildings 

or  structures  of  class  “A”  shall  be  enclosed  in  a partition 
or  shaft  extending  from  the  basement  floor  to  the 
under  side  of  the  ceiling  of  the  top  floor.  All  doors  to 
such  enclosure  .partition  or  shaft  shall  be  constructed  of 
metal,  or  if  wood,  then  covered  with  metal.  All  glass  in 
such  enclosures,  or  doors,  shall  be  wired  glass  not  less  than 
one-fourth  of  an  inch  thick,  set  in  metal  frames  and  sash. 

Sec.  7.  Fireproofing:  In  every  building  or  structure 

of  class  “A”  all  structural  materials  throughout  shall  be 
of  non-inflammable  material,  and  all  interior  construction 
metal  therein,  except  the  frame  for  elevators  and  staircases, 
shall  be  protected  from  rust  and  fire  by  brick,  terra  cotta 
or  concrete  as  follows:  All  structural  steel  or  iron,  before 

being  fireproofed,  shall  be  cleaned  of  dirt,  and  unless 
encased  in  concrete,  shall  be  coated  with  an  efficient  pre- 
servative; all  iron  and  steel  columns,  girders  and  beams, 
including  the  lugs  and  brackets  for  same,  used  in  the  con- 
struction of  any  fire  proof  building  or  structure,  or  sup- 


City  of  Phoenix 


183 


porting  any  fire  proof  floors  or  masonry  walls,  shall  be  en- 
tirely covered  with  two  inches  of  well-burnt  clay  products, 
laid  in  cement  mortar  or  concrete,  built  in  solid'  to  the  metal. 
The  extreme  outer  edges  of  lugs,  brackets  and  similar  sup- 
porting metal  shall  be  covered  with  at  least  one  inch  of 
fireproofing;  provided,  that  where  steel  trusses  are  used 
to  support  concrete  or  tile,  or  hollow  tile  roof  of  cl£ss 
“A”  buildings  or  structures,  and  the  lower  cord  of  the 
roof  trusses  be  at  least  twenty-five  feet  above  the  nearest 
floor  of  any  such  building,  and  there  be  no  room  or  rooms, 
structure  or  structures,  excepting  the  roof  above  such 
trusses,  and  such  trusses  be  protected  from  fire  by  means 
of  a ceiling,  constructed  of  steel  ribs,  metal  lath  and 
fireproof  plaster,  the  fireproofing,  as  described  in  this 
section  may  be  omitted;  provided,  however,  that  the  lower 
cord  of  such  trusses  shall  be  wrapped  with  metal  lath  and 
plastered  with  cement  or  fireproof  plaster  to  a thickness 
of  not  less  than  three-fourths  of  an  inch.  Where,  how- 
ever, such  fireproof  ceiling  is  twelve  inches-  or  more  below 
such  lower  cord  of  such  trusses,  then  and  in  that  case  such 
metal  lath  and  plaster  on  such  lower  cord  shall  not  be 
required. 

Provided,  further,  that  where  steel  roof  trusses  be 
used  to  support  the  roof  of  any  class  “A”  building  or 
structure,  and  no  structure  except  the  roof  of  such  build- 
ing or  structure  be  constructed  or  maintained  on  or  over 
such  roof  trusses,  and  no  structure  other  than  a balcony 
not  more  than  ten  feet  in  width  below  such  roof  trusses, 
and  each  of  such  trusses  be  placed  not  less  than  forty 
feet  above  the  floor  of  the  building  or  structure  or  portion 
of  the  building  or  structure  over  which  such  roof  trusses 
be  erected  or  constructed,  then  in  that  event  the  fire- 
proofing provided  for  in  this  section  shall  not  be  required. 

In  hollow  tile  blocks  more  than  six  inches  thick,  the 
shells  and  webs  thereof  shall  not  be  less  than  three-fourths 
of  an  inch  thick.  Such  blocks  shall  be  thoroughly  tied 
and  anchored  together. 

Sec.  8.  Stairways:  Every  building  or  structure  of 

class  “A”  shall  have  at  least  one  interior  stairway  from 
the  ground  to  the  roof,  and  all  stairways  shall  be  con- 
structed of  fireproof  material  throughout. 

No  stairway  shall  surround  or  be  adjacent  to  an  ele- 
vator or  open  well  hole,  unless  separated  from  such  shaft 
or  hole  by  a partition  or  wall  of  fireproof  material,  or 
unless  there  be  in  such  building  or  structure  another  in- 
terior stairway  from  the  ground  to  the  roof  not  adjacent 
to  an  elevator  shaft  or  well  hole.  In  no  case  shall  any 
floor  of  more  than  ten  thousand  square  feet  of  area  have 
less  than  two  interior  stairways  from  the  top  floor  to  the 
second  floor  of  any  building  or  structure.  Stairways  from 
the  first  floor  to  any  basement  or  portion  thereof,  used 
only  for  storage  or  for  the  maintenance  of  service  for  the 
building  or  structure,  shall  be  constructed  of  fireproof 
material  throughout,  and  shall  be  enclosed  in  fireproof 
walls  or  partitions  having  a tight  metal  door,  or  if  a wood 
door,  then  metal  covered,  and  containing  no  glass,  other 
than  wired  glass,  not  less  than  one-fourth  of  an  inch  thick. 


184 


City  Ordinances 


Sec.  9.  Roofs:  All  roofs  of  buildings  and  structures 

of  class  “A”  shall  be  constructed  of  concrete,  brick  arches 
or  tile,  the  upper  surface  of  which  shall  be  covered  with 
asphaltum  and  gravel,  cement,  concrete,  tile  or  other  fire- 
resisting  composition  roofing. 

Sec.  10.  Skylights:  Skylight  frames  on  buildings  of 

c-Tass  “A”  construction  shall  be  constructed  entirely  of 
metal,  and  all  such  skylights  shall  be  glazed  with  wire 
glass  not  less  than  one-fourth  of  an  inch  thick,  and  no 
lights  therein  shall  be  larger  than  sixteen  inches  by  forty- 
eight  inches. 

PART  VIII. 

CLASS  “B”  BUILDINGS  AND  STRUCTURES. 

Section  1.  Definition  and  Limit  of  Height:  Class 

“B”  buildings  and  structures  shall  not  exceed  one  hundred 
feet  in  height,  nor  contain  more  than  eight  stories,  and  the 
exterior  walls  and  piers  thereof  shall  be  constructed  of 
masonry  and  'steel,  and  all  interior  loads  (except  those 
transmitted  to  exterior  walls)  shall  be  carried  to  the 
foundation  by  columns  and  girders  of  iron,  steel,  masonry 
or  concrete. 

All  wooden  joists,  furring,  studding  and  soffits  of 
stairs  shall  be  metal  lathed  and  plastered.  No  studding 
shall  be  less  than  two  by  four  inches  in  cross-section. 

Sec.  2.  Structural  Metal:  Every  beam  carrying 
masonry  and  all  columns  in  class  “B”  buildings  or  struc- 
tures shall  be  fireproofed  as  provided  in  class  “A”  build- 
ings and  structures. 

All  exposed  parts  of  other  structural  metal  shall  be 
covered  with  metal  lath  on  metal  furring  and  plastered, 
leaving  an  air  space  of  not  less  than  one-half  inch  behind 
such  lath  and  plaster. 

Sec.  3.  Construction  of  Floors:  In  buildings  and 

structures  of  class  “B”  all  floors,  ceiling  joists  and  roof 
joists  may  be  of  wood.  Every  floor  shall  be  composed  of 
two  layers  of  flooring,  each  of  which  shall  be  not  less  than 
seven-eighths  of  an  inch  thick,  with  one  inch  of  non- 
combustible material  placed  between  the  layers  of  the 
flooring  and  extending  over  the  entire  area  to  all  fixtures 
and  structural  parts  of  such  buildings  or  structures  which 
pass  through  the  floors  and  between  furring  strips.  Under 
such  layers  of  non-combustible  material  there  shall  be 
placed  a full  layer  of  waterproof  paper,  or  the  floor  may 
be  constructed  with  a layer  of  two-inch  tongued  or  grooved 
planking  and  a layer  of  one-inch  flooring,  with  a layer  of 
waterproof  paper  between  such  layers  of  flooring,  or  of 
two  thicknesses  .of  asbestos  paper  between  the  layers  of 
such  flooring.  All  waterproof  paper  shall  be  turned  up  at 
least  two  inches  where  it  comes  in  contact  with  the  walls 
of  any  fixture  or  structural  part  of  such  building  or 
structure  passing  through  the  floor. 

Sec.  4.  Bridging:  In  buildings  and  structures  of 

class  “B”  construction  all  wood  joists  shall  have  at  least 
one  row  of  cross  bridging  of  not  less  than  four  square 
inches  sectional  area  to  each  twelve  feet  of  span  or  frac- 
tion thereof. 


City  of  Phoenix 


185 


All  spaces  between  joists  shall  be  blocked  solid  at  each 
bearing  partition  with  blocks  not  less  than  two  inches 
thick  and  of  the  full  height  of  the  joists. 

Each  stud  partition  shall  have  two-inch  bridging  the 
full  length  of  the  studs  at  the  floor  and  ceiling  and  one 
row  of  two-inch  bridging  between  the  floor  and  ceiling; 
provided,  that  where  two-inch  plates  the  full  width  of 
studs  are  used  at  the  floor  and  ceiling,  bridging  at  the 
floor  and  ceiling  shall  not  be  required. 

Sec.  5.  Inter  Non-Bearing  Partitions:  In  buildings 

and  structures  of  class  “B”  construction,  interior  non- 
bearing partitions  shall  be  constructed  of  studs  not  less 
than  two  inches  by  three  inches  and  metal  lathed  and 
plastered;  or  such  non-bearing  partitions  may  be  con- 
structed of  hollow  terra  cotta  tile  in  accordance  with  the 
provisions  of  this  Ordinance,  or  of  metal  studs,  lathed  with 
metal  lath  and  plastered  or  such  non-bearing  partitions 
may  be  constructed  of  studs  not  less  than  one  inch  by  two 
inches,  lathed  on  both  sides  with  metal  lath  and  plastered 
with  cement  mortar  of  such  thickness  that  the  finished 
partition  shall  be  not  less  than  two  inches  in  thickness. 
In  order  to  make  the  mortar  adhere  to  the  studs,  each 
such  stud  shall  have  securely  fastened  thereto  a strip  of 
metal  lath  equal  to  the  full  width  and  length  of  each  such 
stud,  or  shall  have  nails  of  a size  not  less  than  four 
penny,  common,  driven  not  more  than  two  inches  apart 
into  each  such  stud  and  left  with  the  heads  of  such  nails 

projecting  from  the  face  of  such  stud  not  less  than  one- 

half  inch. 

Sec.  6.  Stairways:  Buildings  and  structures  of  class 

“B”  shall  have  one  main  interior  stairway  not  less  than 

four  feet  wide,  from  the  first  to  the  topmost  story,  but 

in  no  case  shall  there  be  less  than  two  interior  stairways 
from  the  top  floor  to  the  second  floor  in  any  building  or 
structure  of  more  than  seven  thousand  square  feet  of 
second  floor  area,  and  every  such  building  or  structure 
shall  have  at  least  one  interior  stairway  removed  not  less 
than  ten  feet  from  any  elevator  shaft  or  open  well  hole, 
and  one  interior  stairway  to  the  roof. 

Every  building  and  structure  of  class  “B”  having  more 
than  14,000  square  feet  of  floor  area  on  each  floor  shall 
have  added  to  its  interior  stairway  not  less  than  two  feet 
in  width,  from  the  first  to  the  topmost  story,  and  two 
additional  feet  in  width  added  to  such  stairways  for  each 
additional  5,000  square  feet  or  fractional  part  thereof,  to 
such  floor  area,  provided,  however,  that  where  such  build- 
ing or  structures  used  for,  or  intended  or  designed  to  be 
used  for  store  purposes  above  the  first  floor,  then  such 
building  shall  be  equipped  with  interior  stairways  as  fol- 
lows: For  3,000  square  feet  of  floor  area  or  less,  at  least 

one  main  stairway,  not  less  than  four  feet  wide,  from  the 
first  to  the  topmost  story;  and  for  each  additional  4,000 
square  feet  or  fractional  part  thereof  in  addition  to  said 
3,000  square  feet  of  floor  area,  two  additional  feet  in 
width  shall  be  added  to  such  stairway. 

Stairways  from  the  first  story  to  any  basement  or 
portion  thereof  of  any  such  building  or  structure,  occupied 


186 


City  Ordinances 


only  for  storage  or  for  the  maintenance  of  service  for  such 
building  or  structure  shall  be  constructed  of  fireproof 
material  throughout,  and  shall  be  closed  at  some  point  with 
a tight  fireproof  partition  and  fireproof  door  containing 
no  glass  other  than  wired  glass  not  less  than  one-fourth 
of  an  inch  thick. 

Sec.  7.  Elevator,  Dumb  Waiters  and  Chutes:  All 

passenger  elevators  in  buildings  and  structures  of  class 
*‘B”  shall  be  enclosed  in  a shaft  having  a covered  top; 
said  shaft  shall  extend  from  the  basement  floor  to  at  least 
eighteen  feet  above  the  highest  floor  reached  by  the  car  or 
not  less  than  three  feet  above  the  roof. 

The  walls  of  such  shaft  shall  be  of  brick,  tile,  con- 
crete or  of  wood  studs  having  fire  stops  the  width  of  such 
studs  and  not  less  than  two  inches  thick  at  each  floor, 
and  once  between  floors,  such  studs  shall  be  metal  lathed 
on  both  sides  and  plastered  three-fourths  of  an  inch  thick; 
or  such  shaft  may  be  enclosed  with  wire  glass  not  less 
than  one-fourth  of  an  inch  thick,  set  in  metal  frames 
and  sash. 

All  doors  to  such  shafts  shall  be  constructed  of  metal 
or  metal-covered  wood,  and  any  glass  in  doors  or  shaft 
walls  shall  be  wired  glass  not  less  than  one-fourth  of  an 
inch  thick,  set  in  metal-covered  sash  and  frame. 

The  room  containing  the  elevator  machinery  shall  be 
of  the  construction  required  for  the  above-mentioned  ele- 
vator shaft. 

Every  dumb  waiter,  chute  or  other  shaft,  abutting 
through  from  floor  to  floor  shall  be  of  the  same  class  of 
construction  as  required  for  passenger  elevator  shafts,  or 
may  be  of  metal  or  metal  lined  where  too  small  to  plaster, 
and  openings  to  such  shafts,  or  chutes,  shall  be  provided 
with  metal  doors. 

If  a freight  elevator  be  placed  in  any  such  shaft,  such 
shaft  shall  be  constructed  as  provided  for  shafts  for  pas- 
senger elevators.  In  case  a freight  elevator  be  not  en- 
closed, trap  doors  shall  be  provided  at  each  floor,  which 
doors  shall  be  automatic,  or  shall  be  held  open  by  fusible 
links  attached  thereto,  and  so  arranged  as  to  fall  shut 
when  the  links  become  fused,  and  shall  be  covered  with 
lock-jointed  tin  on  the  under  side  and  edges. 

Sec.  8.  Light  Courts:  In  buildings  or  structures  of 

class  “B”  the  walls  of  every  interior  light  court  the  floor 
or  ground  area  of  which  exceeds  forty  square  feet  shall 
be  constructed  as  provided  for  exterior  walls;  or  if  such 
walls  be  carried  on  steel  beams  supported  by  columns  at 
the  several  floors  same  shall  be  of  tile,  brick  or  reinforced 
concrete  not  less  than  four  inches  thick.  Walls  of  light 
courts  having  floor  or  ground  area  of  one  hundred  and 
forty-four  square  feet  or  in  excess  thereof,  shall  be  con- 
structed of  brick  or  hollow  tile  blocks,  laid  in  cement 
mortar. 

Interior  light  courts  of  less  than  forty  square  fe.et  in 
area,  if  not  constructed  of  brick,  reinforced  concrete  or 
hollow  tile  blocks,  shall  be  lined  with  tight  boarding  hav- 
ing vertical  stripping,  and  shall  be  metal  lathed  and  plas- 
tered with  three-fourths  of  an  inch  of  hard  plaster. 


City  of  Phoenix 


187 


Sec.  9.  Roofs:  Rafters  in  buildings  and  structures 

of  class  “B”  shall  be  placed  not  more  than  twenty-four 
inches  apart  from  center  to  center,  and  shall  be  covered 
with  boarding  not  less  than  seven-eighths  of  an  inch  thick. 
AH  roof  boarding  shall  be  covered  with  tin,  copper  or  felt 
and  asphaltum  covered  with  gravel,  or  with  other  fire- 
resisting  composition. 

Sec.  10.  Skylights:  All  skylights  in  buildings  and 

structures  of  class  “B”  shall  be  constructed  as  provided 
for  in  class  “A.” 

Sec.  11.  Roof  Spaces  and  Cornices:  The  space  be- 

tween the  ceiling  and  the  top  story  and  the  roof  of  the 
buildings  and  structures  of  class  “B”  shall  be  divided  into 
sections,  each  having  an  area  not  exceeding  two  thousand 
five  hundred  square  feet,  by  tight  partitions  of  one-inch 
redwood,  or  by  partitions  of  studs  metal  lathed  and  plas- 
tered on  both  sides.  All  openings  in  such  partitions  shall 
have  doors  of  similar  construction,  which  shall  be  self- 
closing. 

All  cornices,  gutters  and  appendages  on  buildings  and 
structures  of  class  “B”  shall  be  constructed  as  hereinbefore 
provided  for  the  construction  of  cornices,  gutters  and 
appendages  on  buildings  and  structures  of  class  “A.” 

CLASS  “B”  SPECIAL. 

Slow-burning  construction.  Buildings  and  structures 
intended  for  factories,  blacksmith  or  machine  shops,  or  for 
storage  of  implements  or  similar  machinery,  or  for  storage 
or  marketing  of  fruits  arid  vegetables;  or  for  use  as 
stables;  without  interior  partitions;  and  having  concrete 
or  masonry  walls,  may  have  the  interior  columns  and 
girders  of  wood,  the  least  dimensions  of  which  shall  be 
eight  inches,  without  fireproofing. 

Such  construction  shall  not  be  used  for  buildings  or 
structures  over  two  stories  in  height;  and  shall  in  all  other 
particulars  comply  with  the  provisions  of  class  “B’f  con- 
struction and  shall  be  designated  “Class  B,  Special.” 

PART  IX. 

CLASS  “C”  BUILDINGS  AND  STRUCTURES. 

Sec.  1.  Definition  and  Limit  of  Height:  Class  “C” 

buildings  and  structures  shall  include  every  building  and 
structure  having  its  outside  walls  of  masonry  or  reinforced 
concrete,  wherein  all  floors  and  internal  loads  are  not 
wholly  carried  and  transmitted  to  the  foundation  by  metal 
columns  and  girders,  or  by  reinforced  concrete  or  masonry. 

No  building  or  structure  of  class  “C”  shall  exceed 
fifty  feet,  and  the  number  of  stories  thereof  shall  not 
exceed  four,  exclusive  of  the  basement. 

Sec.  2.  Amended  by  Ordinance  154. 

Sec.  3.  Light  Courts:  Light  courts  in  buildings  and 

structures  of  class  “C”  shall  be  constructed  as  hereinbefore 
provided  for  the  construction  of  light  courts  in  buildings 
and  structures  of  class  “B.” 

Sec.  4.  Floors:  In  buildings  and  structures  of  class 

“C”  over  two  stories  in  height,  all  floors  shall  be  con- 


188 


City  Ordinances 


structed  of  two  layers  of  seven-eighths  inch  flooring  with 
two  layers  of  asbestos  paper  between  the  layers  of  flooring. 

Sec.  5.  Amended  by  Ordinance  154. 

Sec.  6.  Stairways:  Buildings  and  structures  of  class 
“C”  shall  have  one  main  interior  stairway  not  less  than 
four  feet  wide  from  the  first  to  the  topmost  story;  pro- 
vided, however,  that  in  no  case  shall  there  be  less  than 
two  interior  stairways  from  the  topmost  story  to  the 
second  floor  of  any  such  building  or  structure  having  more 
than  five  thousand  square  feet  of  second  floor  area;  and 
every  building  or  structure  of  class  “C”  shall  have  at  least 
one  such  interior  stairway  not  less  than  ten  feet  from 
any  elevator  shaft  or  open  well  hole  and  one  such  interior 
stairway  to  the  roof. 

Every  building  or  structure  of  class  “C”  having  more 
than  eight  thousand  square  feet  of  floor  area  on  each 
floor  shall  have  two  additional  feet  added  to  its  interior 
stairways  from  the  first  to  the  topmost  story  and  two 
additional  feet  added  to  such  stairways  for  each  additional 
four  thousand  feet  or  fractional  part  thereof  of  area  in 
addition  to  said  eight  thousand  square  feet. 

Building  and  structures  of  class  “C”  used  or  intended 
or  designed  to  be  used  for  store  purposes  or  factory  pur- 
poses above  the  first  floor  shall  be  equipped  with  interior 
stairways  as  follows:  For  every  three  thousand  square 

feet  or  less  of  each  floor  area,  at  least  one  main  stairway 
from  the  first  to  the  topmost  story,  and  one  additional 
such  stairway  for  each  additional  three  thousand  square 
feet  or  fraction  thereof  of  floor  area  in  addition  to  said 
three  thousand  square  feet. 

Stairways  from  the  first  story  to  any  basement  or 
portion  thereof  in  such  building  or  structure  used  for 
storage  only,  or  for  the  maintenance  of  service  for  such 
building  or  structure,  shall  be  closed  at  some  point  with 
a tight  partition  and  door  containing  no  glass  other  than 
wired  glass  not  less  than  one-fourth  of  an  inch  thick. 

Sec.  7.  Elevator  Shaft,  Dumb  Waiters,  Chutes  and 
Other  Shafts:  Elevator  shafts,  dumb  waiters,  chutes  and 

other  shafts  in  buildings  and  structures  of  class  “C”  shall 
be  constructed  as  hereinbefore  provided  for  the  construc- 
tion of  elevator  shafts,  dumb  waiters,  chutes  and  other 
shafts  in  buildings  and  structures  in  class  “B.” 

Sec.  8.  Roofs:  Roofs  of  buildings  and  structures  of 

class  “C”  shall  be  constructed  as  hereinbefore  provided  for 
the  construction  of  roofs  for  buildings  and  structures  of 
class  “B.” 

All  cornices,  gutters  and  appendages  on  buildings  and 
structures  of  class  “C”  shall  be  constructed  as  hereinbefore 
provided  for  the  construction  of  cornices,  gutters  and  ap- 
pendages on  buildings  and  structures  of  class  “A.” 

Sec.  9.  Skylights:  All  skylights  in  buildings  and 

structures  of  class  “C”  shall  be  constructed  as  hereinbefore 
provided  for  the  construction  of  skylights  in  buildings  and 
structures  of  class  “A.” 


City  of  Phoenix 


189 


PART  X. 

CLASS  “D”  BUILDINGS  AND  STRUCTURES. 

Section  1.  Definition  and  Limit  of  Height:  Class 

“D”  buildings  and  structures  shall  include  every  building 
and  structure  not  included  in  classes  “A,”  “B”  and  “C.” 

Class  “D”  buildings  and  structures  shall  not  exceed 
fifty  feet  in  height,  nor  contain  more  than  four  stories. 

The  studs  of  the  interior  walls  of  class  “D”  buildings 
and  structures  over  three  stories  in  height  shall  be  sheathed 
diagonally  with  boards  not  less  than  seven-eighths  of  an 
inch  thick,  exclusive  of  the  weather  covering. 

Buildings  and  structures  more  than  one  story  in 
height,  except  barns  and  outhouses,  shall  have  masonry  or 
concrete  footings  and  foundations. 

Sec.  2.  Studding:  In  buildings  and  structures  of 

class  “D”  the  upper  two  stories  shall  have  two  by  four 
inch  studs  and  all  lower  stories  shall  have  not  less  than 
two  by  six  inch  studs,  in  bearing  partitions  and  exterior 
walls.  Non-bearing  stud  partitions  not  more  than  twelve 
feet  in  height  may  have  studs  of  dimensions  not  less  than 
two  by  three  inches. 

Except  in  private  dwellings,  all  wood  joists  shall  have 
at  least  one  row  of  cross  bridging  of  sectional  area  not 
less  than  four  square  inches  to  each  twelve  foot  or  frac- 
tion thereof  of.  span.  All  spaces  between  joists  shall  be 
blocked  at  each  bearing  partition,  with  solid  blocks  not 
less  than  two  inches  thick  and  the  full  depth  of  the  joists. 

Each  stud  wall  and  partition  shall  have  two-incli 
bridging  at  the  floor  and  ceiling  and  one  row  of  two-inch 
bridging  between  the  floor  and  the  ceiling;  provided,  how- 
ever, that  where  two-inch  plates  are  used,  the  full  width 
of  the  stud  wall  or  partition,  bridging  at  the  floor  and 
ceiling  shall  not  be  required. 

All  of  class  “D”  buildings  and  structures  shall  have 
diagonal  bracing  in  the  stud  walls  or  partitions  in  every 
story,  and  such  diagonal  bracing  shall  be  constructed  in 
each  stud  wall  or  partition  in  each  twenty-five  feet  of 
length  thereof. 

No  studding  shall  be  placed  against  a wooden  wall  of 
another  building  or  structure  unless  the  said  studding  is 
strengthened  with  one-inch  boards,  close-joined,  on  the 
side  thereof  next  to  such  adjacent  building  or  structure. 

Sec.  3.  Floors:  The  floors  of  class  UD”  buildings 

and  structures  four  stories  in  height  shall  be  constructed 
of  two  layers  of  boards,  the  sub-floor  of  which  shall  not 
be  less  than  seven-eighths  of  an  inch  in  thickness. 

Sec.  4.  Stairways:  All  buildings  and  structures  of 

class  “D,”  other  than  dwellings,  more  than  two  stories  in 
height,  shall  have  at  least  one  interior  stairway  not  less 
than  four  feet  wide,  from  the  first  to  the  topmost  story 
thereof.  Every  such  building  or  structure  containing  more 
than  three  thousand  square  feet  of  second  floor  area  shall 
have  an  additional  such  stairway  for  each  additional  three 
thousand  square  feet  or  fractional  part  thereof  of  second 
floor  area.  Every  such  building  or  structure  over  two 
stories  in  height  shall  have  at  least  one  such  stairway 


190 


City  Ordinances 


from  the  topmost  story  to  the  roof.  Every  such  building 
or  structure,  two  stories  in  height,  shall  have  at  least  one 
interior  stairway  not  less  than  four  feet  in  width  from  the 
first  story  to  the  topmost  story  thereof  for  each  four 
thousand  square  feet  or  fractional  part  thereof  of  second 
floor  space;  provided,  however,  that  in  warehouses  or 
factory  buildings  and  structures  of  class  “D”  construction 
not  exceeding  two  stories  in  height,  if  the  second  story 
thereof  be  not  divided  by  partitions  and  otherwise,  and  no 
female  person  be  employed  above  the  first  floor  of  such 
building,  there  shall  be  provided  not  less  than  one  interior 
or  exterior  stairway  not  less  than  three  feet  in  width 
from  said  second  floor  to  the  first  floor  of  said  building; 
or  structure  or  to  the  ground,  for  each  seven  thousand 
square  feet  or  fractional  part  thereof  of  second  floor  area; 
provided,  further,  that  not  less  than  one-half  the  stair- 
ways required  in  any  such  building  shall  be  placed  on  the 
exterior  thereof  unless  an  odd  number  of  stairways  be 
required,  in  such  event  the  majority  by  one  of  such  stair- 
ways may  be  placed  in  the  interior  thereof,  at  the  option 
of  the  owner  of  the  building  or  structure. 

Sec.  5.  Elevator  Shafts,  Etc.:  Elevator  shafts,  dumb 

waiters,  chutes  and  other  shafts  in  buildings  or  structures 
of  class  “D,”  except  private  dwellings,  shall  be  constructed 
as  hereinbefore  provided  for  the  construction  of  elevator 
shafts,  dumb  waiters,  chutes  and  other  shafts  in  buildings 
and  structures  of  class  “B.” 

Sec.  6.  Skylights:  Skylight  frames  in  buildings  and 
structures  of  class  “D”  construction,  other  than  dwellings, 
shall  be  constructed  entirely  of  metal,  and  all  skylights 
shall  be  glazed  with  wire  glass  not  less  than  one-fourth 
of  an  inch  thick,  and  no  light  therein  shall  be  larger  than 
sixteen  inches  by  forty-eight  inches. 

Sec.  7.  Roof  Spaces:  Roof  spaces  in  buildings  and 

structures  of  class  “D,”  other  than  dwellings,  shall  be 
subdivided  as  hereinbefore  provided  for  roof  spaces  in 
buildings  and  structures  of  class  “B.” 

PART  XI. 

SPECIAL  PROVISIONS  RELATING  TO  CERTAIN 
BUILDINGS  AND  STRUCTURES  DETERMINED 
FROM  THE  PURPOSE  FOR  WHICH  SAME 
ARE  TO  BE  USED. 

Section  1.  Paragraphs  1 and  2 amended  by  Ordinance 

244. 

Paragraph  3 amended  by  Ordinance  472. 

Sec.  2.  Hospitals,  Asylums,  Etc.:  It  shall  be  unlawful 
for  any  person,  firm,  association,  or  corporation  to  occupy, 
use  or  maintain  a hospital,  sanatorium,  sanitarium  or 
asylum  in  any  building  or  structure  hereafter  erected  or 
constructed  in  the  City  of  Phoenix  more  than  two  stories 
in  height  unless  such  building  or  structure  be  of  class 
“A”  or  “B”  construction;  provided,  however,  that  open 
air  sleeping  porches,  or  sleeping  quarters,  may  be  con- 
structed and  maintained  upon  the  roof  of  any  one-story 
sanatorium,  sanitarium  or  asylum  of  class  “C”  or  “D” 


City  of  Phoenix 


191 


construction,  and  having  not  to  exceed  fifteen  rooms, 
exclusive  of  basements  or  cellars;  such  open  air  sleeping 
porches  or  sleeping  quarters,  if  constructed  of  incom- 
bustible material,  may  be  constructed  and  maintained  upon 
the  roof  of  class  “A”  and  “B”  construction. 

It  shall  be  unlawful  for  any  person,  firm,  association 
or  corporation  after  this  Ordinance  becomes  effective  to 
change  or  convert  any  building  or  structure  exceeding 
one  story  in  height  into  a hospital,  sanatorium,  sanitarium 
or  asylum,  unless  such  building  or  structure  shall  conform 
to  the  provisions  of  this  Ordinance  for  new  buildings  of 
this  character. 

The  walls  and  ceilings  of  the  corridors  of  the  floors 
of  every  hospital,  sanatorium,  sanitarium  or  asylum  shall 
extend  from  one  exterior  wall  to  another  in  a line  as 
direct  as  practicable;  and  every  such  corridor  shall  have 
a door  at  each  end  thereof;  and  if  more  than  one  story  in 
height,  such  hospital,  sanatorium,  sanitarium  or  asylum 
shall  have  a fire  escape  at  each  end  of  each  such  corridor. 

Every  fire  escape  in  such  building  or  structure  shall 
consist  of  an  iron  stairway  from  the  ground  to  the  top- 
most story,  and  shall  have  a landing  at  each  story  com- 
municating with  such  corridor.  The  tread  of  such  stair- 
way shall  not  be  less  than  eight  inches  wide,  and  the  risers 
shall  not  be  more  than  seven  inches  high. 

Each  such  fire  escape  stairway  shall  have  a substantial 
iron  railing  at  least  three  feet  high  on  its  exposed  sides; 
from  the  landing  of  the  top  story  a metal  ladder  shall 
extend  to  the  roof  as  provided  in  this  Ordinance  for  other 
fire  escapes;  or  in  lieu  of  such  stairway  a special,  or  other 
form  of  chute,  type  of  fire  escape,  of  fireproof  construc- 
tion, subject,  however,  to  the  consent  and  approval  in  writ- 
ing of  the  City  Inspector  of  Buildings. 

Where  any  hospitals,  sanatoriums,  sanitariums  or 
asylums  be  built  on  the  pavilion  system,  consisting  of  two 
or  more  buildings,  connected  by  corridors,  there  shall  be 
automatic  closing  Underwriter  fire  doors  at  each  end  of 
every  corridor,  connecting  each  building. 

The  provisions  of  this  section  shall  not  apply  to  any 
hospital,  sanatorium,  sanitarium  or  asylum,  constructed, 
used  and  occupied  as  such  at  the  time  of  the  passage  of 
this  Ordinance;  except  that  fire  escapes  shall  be  installed 
as  herein  provided.  Provided,  however,  all  alterations, 
changes,  additions  or  repairs  made  thereto  shall  be  in  full 
compliance  with  the  provisions  of  this  Ordinance. 

Sec.  3.  Hotels:  It  shall  be  unlawful  for  any  person, 

firm,  association  or  corporation  to  erect,  construct  or 
maintain,  or  to  cause  to  be  erected,  constructed  or  main- 
tained, any  building  or  structure  to  be  used  or  designed 
to  be  used  as  a hotel,  apartment  house,  tenement  house, 
or  lodging  house,  of  more  than  three  stories  in  height, 
unless  the  same  be  of  class  “A,”  “B”  or  “C”  construction, 
or  more  than  four  stories  in  height,  unless  the  same  be  of 
“A”  or  “B”  construction. 

In  buildings  or  structures  of  class  “B”  construction 
more  than  two  stories  in  height  to  be  used  or  designed  to 
be  used  as  hotels,  apartment  houses,  tenement  houses  or 


192 


City  Ordinances 


lodging  houses,  all  corridors,  hallways  and  the  under  side 
of  stairways  not  constructed  of  fireproof  material  shall  be 
metal  lathed  and  plastered. 

Sec.  4.  Theaters  and  Assembly  Halls:  Every  build- 

ing or  structure  used  as  a theater  or  assembly  hall  shall 
be  built  to  conform  to  the  requirements  of  this  section. 

All  buildings  and  structures  already  built  and  being 
used  for  theatrical  purposes  or  public  entertainment  shall 
conform  to  the  requirement  of  this  Ordinance  regarding 
seating,  aisles,  stairways  and  other  means  of  exit  and  en- 
trance and  means  of  fighting  fire. 

No  such  building  or  structure  shall  be  open  to  the 
public  for  theatrical  purposes  without  the  written  approval 
of  the  City  Inspector  of  Buildings,  and  the  Chief  of  the 
Fire  Department,  and  such  approval  shall  be  given  only 
when  all  such  requirements  shall  have  been  met. 

Sec.  5.  Height  and  Class  of  Construction:  Theaters. 
The  main  entrance  or  entrances  shall  not  be  at  a higher 
level  than  the  sidewalk  at  that  point.  The  floor  level  at 
the  highest  row  of  seats,  on  the  main  floor,  shall  not  be 
more  than  six  feet  above  the  sidewalk  level  at  the  main 
entrance;  and  the  floor  level  at  the  lowest  row  of  seats, 
on  said  floor,  shall  not  be  more  than  six  feet  below  such 
sidewalk  level. 

All  theaters  of  seating  capacity  of  more  than  six 
hundred  persons,  and  all  theaters  having  one  or  more 
balconies,  shall  be  of  class  “A”  or  “B”  construction. 

Sec.  6.  Assembly  Halls:  All  assembly  halls  accom- 

modating more  than  one  thousand  persons,  and  all  assem- 
bly halls  with  one  or  more  balconies  accommodating  in  the 
aggregate  more  than  one  hundred  and  fifty  persons,  shall 
be  of  class  “A”  or  “B”  construction.  All  other  assembly 
halls  shall  be  of  class  “A,”  “B”  or  “C”  construction,  ex- 
cept as  follows: 

All  assembly  halls  accommodating  not  more  than 
seven  hundred  and  fifty  persons  may  be  built  of  class 
“D”  construction,  providing  the  following  conditions  shall 
be  complied  with: 

(1)  There  shall  be  no  balcony. 

(2)  The  highest  point  of  the  main  auditorium  floor 
shall  be  not  more  than  five  feet  above  or  five  feet  below 
the  grade  line  of  the  main  entrance. 

(3)  The  floor  area  of  the  entire  building  shall  not 
exceed  6,000  square  feet. 

(4)  The  building  shall  be  at  least  twenty  feet  dis- 
tant from  any  other  building  or  adjoining  lot  line. 

Every  assembly  hall  accommodating  more  than  750 
persons  shall  have  the  highest  point  of  the  main  audi- 
torium floor  not  more  than  eight  feet  above,  and  in  no 
case  below,  the  grade  line  of  the  main  entrance;  except 
in  a building  or  structure  of  class  “A”  construction,  when 
the  highest  point  of  such  auditorium  floor  shall  not  be 
more  than  twenty  feet  above  nor  eight  feet  below  the 
grade. 

An  assembly  hall  accommodating  more  than  750,  per- 
sons and  with  not  more  than  one  balcony,  may  be  placed 


City  of  Phoenix 


193 


in  the  second  floor  of  a building  of  class  “A”  and  “B” 
construction. 

An  assembly  hall  accommodating  not  more  than  400 
persons  and  with  no  balcony  may  be  placed  on  the  second 
floor  of  a building  of  class  “C”  construction. 

An  assembly  hall  accommodating  not  more  than  200 
persons  and  with  no  balcony  may  be  placed  in  the  third 
story  of  a building  of  class  “C”  or  “D”  construction,  or 
may  be  placed  in  any  story  of  a building  of  class  “A’'  or 
“B”  construction. 

A private  assembly  hall  accommodating  not  more  than 
500  persons  may  be  placed  on  any  floor  of  a class  “A” 
building. 

Sec.  7.  Amended  by  Ordinance  226. 

Sec.  8.  Capacity:  The  capacity  of  a theater  or  as- 
sembly hall  shall  be  established  by  the  actual  number  of 
permanently  fixed  seats.  Where  permanently  fixed  seats 
are  not  provided,  the  capacity  shall  be  established  by 
allowing  fifteen  square  feet  of  floor  space  per  person  in 
halls  used  as  dance  or  dining  halls  only,  and  six  square 
feet  per  person  in  all  other  halls. 

No  greater  number  of  persons  than  the  number  thus 
established  shall  be  permitted  to  enter  any  theater  or  as- 
sembly hall. 

Sec.  9.  Stairways  and  Other  Means  of  Ingress: 
Width:  The  width  of  stairways,  passageways,  doors  and 

other  usual  means  of  ingress  and  egress  shall  not  be  less 
than  20  inches  per  hundred  persons  accommodated,  but  in 
any  event  the  width  shall  not  be  less  than  six  feet. 

Sec.  10.  All  Stair  Exits:  Width:  Every  required 
stairway,  whether  enclosed  or  not,  shall  be  at  least  three 
feet  and  eight  inches  wide,  of  which  not  more  than  four 
inches  on  each  side  shall  be  occupied  by  a substantial 
handrail.  Every  platform  shall  be  at  least  as  wide  as 
the  stairway,  measuring  at  right  angles  to  the  direction 
of  travel.  Every  straight  run  platform  shall  measure  at 
least  three  feet  in  the  direction  of  travel.  Whenever  a 
door  opens  onto  a stairway,  a platform  sliall  be  provided 
extending  forward  the  full  width  of  the  door. 

The  width  of  any  stairway  shall  be  the  clear  distance 
between  walls  or  stringers,  of  which  not  more  than  four 
inches  on  each  side  shall  be  occupied  by  a substantial 
handrail. 

If  other  stairways  are  provided  in  addition  to  those 
required  by  this  Ordinance,  such  additional  stairway  shall 
conform  to  these  provisions. 

For  theaters,  the  width  of  regular  and  emergency 
exits  combined,  as  required,  shall  be  forty  inches  per  100 
persons. 

Sec.  11.  All  Stair  Exits:  Handrails:  All  exits, 

stairways  and  steps  of  more  than  three  risers  shall  have 
substantial  handrails  on  each  side.  Stairways  more  than 
eight  feet  wide  shall  be  divided  by  center  rails  into  widths 
not  more  than  eight  feet  or  less  than  three  feet  and  eight 
inches  in  addition  to  side  handrails  at  the  sides  thereof. 
Rails  shall  be  not  less  than  two  feet  six  inches  vertically 
above  nose  of  threads  and  three  feet  above  platform. 


194 


City  Ordinances 


Sec.  12.  Risers  and  Treads:  Every  such  stairway 

used  by  the  public  in  a theater  or  public  assembly  hall 
shall  have  a uniform  rise  of  not  more  than  TV2  inches  and 
a uniform  tread  of  not  less  than  ten  inches,  measuring 
from  tread  to  tread  and  from  riser  to  riser;  no  winders 
shall  be  used;  there  shall  be  not  less  than  three  nor  more 
than  sixteen  risers  in  any  run. 

Balconies  or  galleries  above  the  first  gallery  or  bal- 
cony shall  be  provided  with  distinct  places  of  exit  and 
entrance,  but  a common  place  of  exit  or  entrance  may 
serve  for  the  main  floor  and  first  gallery,  provided  such 
place  or  exit  or  entrance  be  of  the  aggregate  capacity  of 
the  outlets  from  these  floors. 

Sec.  13.  Emergency  Exits:  Theaters:  Additional  to 
the  usual  means  of  ingress  and  egress,  emergency  exits 
shall  be  provided  as  follows:  The  minimum  total  width  of 

such  exit  doorway,  and  also  of  the  steps,  shall  be  at  the 
rate  of  20  inches  per  100  persons,  but  in  no  event  less 
than  three  feet  and  eight  inches  in  the  aggregate  width. 

The  main  auditorium  floor  shall  have  a separate  exit 
door  for  each  300  persons  or  fraction,  with  incline  to 
grade.  No  part  of  any  incline  shall  have  a drop  or  fall  of 
more  than  one  foot  in  eight.  Each  balcony  or  gallery  shall 
have  a separate  exit  door  for  each  200  persons  or  fraction, 
opening  to  a separate  incombustible  outside  stairway  or  to 
a separate  fire  escape  or  fireproof  passageway  leading  to 
a street,  alley  or  open  court.  All  exit  doors  shall  be  ap- 
portioned as  nearly  equally  as  possible  on  opposite  sides 
of  the  building,  and  be  so  placed  as  to  afford  the  best 
possible  egress. 

All  stages  shall  have  two  exit  doors,  placed  at  least 
as  far  apart  as  the  width  of  the  proscenium  opening;  the 
basement  under  the  stage  shall  have  an  exit  door  placed 
as  far  as  possible  from  the  usual  entrance.  Such  exit  shall 
have  incombustible  steps  to  grade,  and  tne  doors  and 
steps  shall  be  at  least  three  feet  and  eight  inches  in 

width.  The  fly  gallery  shall  have  an  exit  door  at  least 
three  feet  wide,  located  at  the  opposite  end  of  the  gallery 

from  the  usual  means  of  egress,  and  leading  to  a fire 

ladder  or  to  a part  of  the  building  or  structure  other 
than  the  stage  section.  Each  dressing  room  section  and 
employee’s  room  shall  have  an  emergency  exit  with  in- 
combustible steps  or  fire  escape  to  grade. 

Sec.  14.  Assembly  Halls:  Class  C and  D:  Every 

class  “C”  and  “D”  assembly  hall  shall  conform  +0  the 

foregoing  requirements,  except  that  a separate  emergency 
exit  for  each  200  persons  or  fraction  thereof  shall  be 
provided.  Each  exit  shall  have  standard  exit  doors  open- 
ing directly  from  the  auditorium  to  a separate  incombust- 
ible outside  stairway  or  to  a separate  fire  escape.  This 
provision  shall  apply  separately  to  the  main  floor,  and  to 
each  balcony  or  gallery  accommodating  more  than  100 
persons. 

All  exits  shall  be  placed  as  far  apart  as  possible. 

Sec.  15.  Assembly  Halls:  Class  “A”  and  “B”:  For 
assembly  halls  of  class  “A”  and  “B”  construction  no  emer- 
gency exists  or  fire  escapes  will  be  required,  provided  the 


City  of  Phoenix 


195 


regular  entrance  and  stairways  have  an  aggregate  width 
50  per  cent  greater  than  the  requirements  in  the  preceding- 
sections  provided.  Emergency  exits,  as  described  in  the 
preceding  provisions,  may  be  substituted  for  any  part  of 
this  additional  width.  In  any  case  the  total  number  of 
exits  (including  both  the  usual  and  emergency  exits)  shall 
be  at  least  two  where  not  more  than  400  persons  be  ac- 
commodated, and  one  additional  for  each  additional  400 
persons  or  fraction.  These  requirements  shall  apply  sep- 
arately to  the  main  floor  and  to  each  balcony  and  gallery 
accommodating  more  than  150  persons. 

Sec.  16.  Exit  Doors:  Every  required  exit  door 

(whether  usual  or  emergency)  shall  open  outward  and  be 
as  hereinafter  described,  which  shall  be  standard  for  the 
purpose  of  this  Ordinance. 

No  single  door  or  leaf  to  a double  door  shall  be  more 
than  four  feet  wide.  No  two  doors  shall  be  hinged  to- 
gether. No  rolling,  sliding  or  revolving  door  shall  be 
used  in  an  exit  from  any  theater  or  assembly  hall,  nor 
shall  any  such  door  be  permitted  in  any  theater  where  it 
would  Jt>e  liable  to  be  used  by  the  public  as  an  exit. 

Sills  at  all  exits  shall  be  level  and  flush  with  adjacent 
outside  floors,  and  such  floors  shall  extend  without  break 
to  the  level  or  gradient  for  a distance  not  less  than  the 
width  of  the  adjacent  aisle. 

Sec.  17.  Seats:  All  seats,  chairs  and  benches  shall 

be  placed  not  less  than  two  feet  six  inches  from  back 
to  back  measured  horizontally.  All  seats  shall  average  at 
least  20  inches  in  width,  and  no  seats  shall  be  less  than  16 
inches  wide.  If  benches  without  arms  between  seats  are 
used,  the  seating  capacity  shall  be  established  by  allowing 
one  sitting  or  seat  to  each  18  inches  of  length. 

All  seats,  chairs  and  benches,  except  chairs  in  boxes 
or  loggias,  shall  be  securely  fastened  to  the  floor;  and 
if  the  floor  be  level,  the  seats  and  chairs  may  be  fastened 
together  in  sections  securely  fastened  to  the  floor  at 
each  end. 

Loose  chairs  and  seats  shall  not  be  used  unless  a 
special  permit  in  writing  be  secured  from  the  City  In- 
spector of  Buildings  or  the  Fire  Chief. 

There  shall  not  be  more  than  13  seats  in  any  row 
between  aisles,  and  not  more  than  6 seats  m a row  having 
an  aisle  on  one  side  only. 

No  seat  bench  or  platform  on  which  seats  are  placed 
shall  be  more  than  22  inches  in  height  of  risers.  No  such 
seat,  bench  or  platform  shall  be  nearer  the  ceiling  than 
7 feet. 

Sec.  18.  Aisles  and  Passageways:  Width  of  Aisles: 
All  aisles  having  seats  on  both  sides  shall  be  not  less  than 
2 feet  10  inches  wide  at  the  beginning,  and  shall  increase 
in  width  toward  the  exits  at  the  rate  of  1-4  inch  per  foot 
of  run ; or  such  aisles  may  have  a uniform  width  not  less 
than  the  average  width  of  the  foregoing  calculation;  but 
no  wall  aisle  shall  be  less  than  2 feet  6 inches  wide  and  no 
other  straight  aisle  shall  be  less  than  2 feet  6 inches  wide. 

When  main  aisles  are  longer  than  40  feet  there  shall 


196 


City  Ordinances 


be  a cross  aisle  leading  to  each  required  side  exit.  Cross 
aisles  shall  be  not  less  than  four  feet  wide. 

Sec.  19.  Passageways  and  Foyers:  Passageways  and 

foyers  shall  be  in  no  case  less  than  5 feet  wide,  and  shall 
be  so  arranged  and  apportioned  as  to  prevent  congestion 
and  confusion.  Passageways  and  foyers  which  serve  as 
means  of  egress  (whether  usual  or  emergency)  shall  be  at 
least  equal  in  combined  width  to  the  required  width  of 
the  stairways,  passageways  and  doors  leading  to  them. 

Sec.  20.  Inclines  and  Aisle  Steps:  To  overcome  any 

difference  in  level  between  courts,  corridors,  lobbies  or 
passageways  on  the  ground  floor  inclines  shall  be  em- 
ployed. Inclines  shall  not  exceed  one  foot  rise  to  ten 
feet  of  run,  except  in  the  main  aisles  of  auditorium, 
where  gradients  of  one  foot  rise  in  eight  foot  of  run  may 
be  used. 

Steps  in  balcony  aisles  shall  extend  the  full  width  of 
the  aisle. 

Sec.  21.  Scuttle:  Over  the  stage  and  auditorium 

there  shall  be  permanent  means  of  access  to  the  roof  by 
means  of  scuttles  from  the  inside.  Each  opening  shall  be 
not  less  than  20x20  inches  and  there  shall  be  a substan- 
tial permanent  ladder  or  stairway  leading  thereto. 

Sec.  22.  Proscenium  Wall  and  Curtain  Wall:  The 

stage  of  every  theater  shall  be  separated  from  the  audi- 
torium by  a brick  wall  at  least  twelve  inches  thick,  or 
monolithic  concrete  wall  at  least  8 inches  thick.  If  the 
wall  is  more  than  16  feet  high  or  more  than  40  feet  long 
without  proper  lateral  bracing,  it  shall  be  at  least  25  per 
cent  thicker.  The  wall  shall  start  at  the  basement  floor, 
except  in  a class  “A”  building  or  structure  with  unpierced 
fireproof  stage  floor.  The  wall  shall  extend  upward  to  a 
roof  or  floor  in  a class  “A”  building  or  structure;  or,  in 
class  “B,”  “C”  and  “D”  buildings  or  structures,  to  a point 
at  least  four  feet  above  the  highest  adjoining  roof.  There 
shall  be  not  more  than  two  openings  (excluding  the 
proscenium  opening)  in  the  proscenium  wall.  Such  opening 
shall  not  exceed  21  square  feet  superficial  area  each  and 
shall  be  provided  with  underwriters'  fire  doors. 

Above  the  proscenium  opening  there  shall  be  a fire- 
proofed girder  or  other  fireproof  support  of  sufficient 
strength  to  safely  carry  the  load  above. 

Sec.  23.  Curtains:  The  proscenium  opening  in  every 

theater  where  scenery  be  used  shall  be  provided  with  a 
rigid  fireproof  curtain  of  asbestos  conforming  to  the  fol- 
lowing specifications,  or  of  equivalent  approved  con- 
struction. 

Curtains  of  the  rigid  steel  type  shall  consist  of  a 
rigid  steel  frame  covered  on  the  audience  side  with  not 
less  than  No.  16  U.  S.  gauge  sheet  steel,  and  on  the  §tage 
side  with  vitrified  cellular  asbestos  boards  at  least  one 
inch  thick.  The  curtain  shall  overlap  the  proscenium  wall 
(at  the  near  side  thereof)  not  less  than  12  inches  at  each 
side  and  24  inches  at  the  top,  and  shall  slide  vertically 
between  rolled  steel  guides  not  less  than  1-4  inch  thick. 

Curtains  of  asbestos  cloth  shall  be  substantially  woven 


City  of  Phoenix 


197 


of  asbestos  fiber  not  less  than  25  per  cent,  and  shall 
weigh  not  less  than  2%  pounds  per  square  yard.  All 
seams  shall  be  lapped  not  less  than  one  inch  and  sewed  in 
two  rows  with  not  less  than  1-16  inch  pure  asbestos  twine. 
At  the  top  and  bottom  of  the  curtain  a 1 Ms  inch  (or 
larger)  metal  pipe  shall  be  placed  and  shall  be  securely 
fastened  in  and  covered  by  the  curtain.  The  curtain  shall 
overlap  the  proscenium  wall  (at  the  near  side  thereof) 
not  less  than  eighteen  inches  at  each  side  and  24  inches 
at  the  top,  and  shall  be  guided  at  each  side  by  metallic 
loops  or  rings  sliding  on  a steel  cable.  Combustible  paint 
shall  not  be  used. 

For  curtains  . of  any  type,  the  connection  between 
curtain  and  wall  shall  be  made  as  nearly  smokeproof  as 
possible.  Provision  shall  be  made  to  prevent  any  such 
curtain  from  leaving  or  binding  on  the  guides  under  any 
conditions.  No  part  of  any  such  curtain  or  any  of  the 
guides  thereof  shall  be  supported  by  or  fastened  to  any 
combustible  material. 

The  hoisting  apparatus  for  any  such  curtain  shall  be 
designed  with  a factor  of  safety  of  8 or  more.  The  device 
for  controlling  any  such  curtain  shall  be  simple  in  design 
and  capable  of  convenient  operation  from  both  sides  of 
the  stage  and  from  the  fly  galleries. 

Besides  the  regular  operating  mechanism  there  shall 
be  an  emergency  device  which  will  allow  the  curtain  to 
drop  by  gravity.  Such  device  shall  be  so  arranged  as  to 
be  easily  operated  by  hand  from  each  side  of  the  stage 
and  from  the  fly  galleries,  and  also  that  its  operation  will 
be  controlled  by  fusible  links  placed  on  each  side  of  the 
stage  and  in  the  fly  galleries,  and  when  thus  operated  it 
shall  descend  at  its  normal  rate  of  speed. 

All  such  curtains  and  the  operating  mechanism 
thereof  shall  be  so  designed  and  controlled  at  all  points, 
whether  specially  mentioned  or  not,  as  to  form  an  effi- 
cient and  reliable  barrier  against  fire  and  smoke,  accord- 
ing to  the  best  practice. 

Sec.  24.  Stage  Ventilator,  Etc.  Automatic  Ven- 
tilators: Every  stage  containing  movable  scenery  shall  be 

provided  with  one  or  more  automatic  ventilators  placed 
near  the  center  and  above  the  highest  part  of  the  stage, 
extending  at  least  three  feet  above  the  roof,  and  having 
a combined  area  equal  to  at  least  8 per  cent  of  the  area 
of  the  stage  floor.  Louvre  openings  shall  be  not  less 

than  twice  the  sectional  area  of  the  shaft.  Such  ven- 
tilators shall  be  designed  and  constructed  so  as  to  open  by 
gravity,  and  so  as  to  effectively  overcome  the  effects  of 
neglect,  rust,  dirt,  heat,  twisting,  or  warping  of  the 
framework  thereof.  Louvres  or  dampers  in  such  openings 
shall  be  held  closed  by  cotton  or  hemp  cords  running  to 
the  stage  floor  close  to  each  stage  door.  Fusible  links 
shall  be  inserted  in  each  floor,  and  one  midway  between 
these  two. 

Sec.  25.  Stage  Vestibules:  All  entrances  to  the 
stage  shall  be  vestibuled  in  such  manner  as  to  protect  the 
curtain,  scenery  and  auditorium  from  draughts  of  air. 


198 


City  Ordinances 


Sec.  26.  Footlight  Trough:  The  footlight  trough 

shall  be  made  of  incombustible  material. 

Sec.  27.  Fireproof  Paint:  All  stage  scenery,  cur- 

tains and  decorations  made  of  combustible  material,  and 
all  woodwork  in  or  about  the  stage,  shall  be  painted  or 
saturated  with  some  incombustible  material  or  otherwise 
rendered  safe  against  fire. 

Sec.  28.  Workshop,  Storage  and  General  Property 
Rooms:  No  workshop,  storage  room  or  scenery  deck  shall 

be  placed  above  or  below  the  stage  or  auditorium  of  any 
theater,  or  in  any  fly  gallery.  Workshops,  storage  and 
general  property  rooms  and  scenery  decks  shall  be  sep- 
arated from  the  rest  of  the  building  by  masonry  or  con- 
crete walls,  and  by  fireproof  ceilings  and  floors,  and  all 
openings  in  such  walls  shall  be  provided  with  underwriters’ 
fire  doors. 

Sec.  29.  Dressing  Rooms:  Sections  containing  the 

dressing  rooms  shall  be  separated  from  stages  or  other 
parts  of  the  building  or  structure  by  masonry  or  concrete 
walls;  and  the  openings  connecting  such  sections  with  the 
stage  and  other  parts  of  the  buildings  or  structures  shall 
be  protected  by  self-closing  fire  doors.  Partitions  dividing 
dressing  rooms,  and  partitions  and  ceilings  of  all  passage- 
ways from  dressing  rooms  to  the  stage,  shall  be  incom- 
bustible. 

No  dressing  room  or  employee’s  room  shall  be  placed 
more  than  one  story  below  the  grade  line,  and  no  dressing 
room  shall  be  placed  above  or  below  the  auditorium. 

Sec.  30.  Boiler  and  Furnace  Rooms:  Every  boiler 

or  furnace  room,  including  breaching,  shall  be  enclosed 
with  brick  or  concrete  walls  and  with  fire  doors,  fireproof 
ceiling  and  floor,  except  that  in  the  case  of  a private 
assembly  hall  accommodating  not  more  than  300  persons, 
the  floors  and  walls  of  the  boiler  or  furnace  room  shall  be 
incombustible,  but  fire  doors  and  fireproof  ceiling  will  not 
be  required. 

Every  boiler  operating  with  more  than  15  pounds 
steam  pressure  per  square  inch  shall,  together  with  fur- 
nace and  breaching,  be  enclosed  with  a masonry  or  con- 
crete enclosure  and  fire  doors,  fireproof  ceiling  and  floor, 
and  shall  be  located  in  a separate  building,  or  be  separated 
from  the  remainder  of  the  building  by  a concrete  masonry 
division  wall. 

If  possible,  the  boiler  or  furnace  room  shall  not  be 
located  below  the  stage,  auditorium,  foyer  or  exits. 

Sec.  '31.  Heating  and  Ventilating:  All  theaters  and 

assembly  halls  seating  300  or  more  persons  shall  be  pro- 
vided with  a ventilating  system  which  shall  furnish  at 
least  1200  cubic  feet  of  fresh  air  per  hour  for  each  person 
accommodated,  and  which  shall  change  the  air  at  least 
three  times  per  hour,  in  all  parts  of  the  auditorium  there- 
of. Fresh  air  shall  be  taken  from  the  outside  of  the 
building  or  structure,  and  no  vitiated  air  shall  be  reheated 
unless  immediately  theretofore  washed  by  a mechanical 
washer  of  approved  design.  No  floor  register  for  heating 
or  ventilating  shall  be  placed  in  any  aisle  or  passageway 


City  of  Phoenix 


199 


unless  such  register  be  reinforced  with  suitable  wrought 
iron  or  steel  ribs  not  more  than  twelve  inches  apart. 
Radiators  in  passageways  of  auditoriums  shall  be  recessed, 
or  elevated  at  least  7 feet  above  the  floor. 

Sec.  32.  Lights:  Oil  lamps  shall  not  be  used  in  or 

about  any  stage  containing  scenery.  No  gas  lighting  of 
any  kind  shall  be  used  on  any  stage  containing  scenery, 
nor  in  any  property  room,  storage  room,  scene  deck  or 
fly  gallery.  Gas  fire  used  for  heating  water,  etc.,  shall 
be  enclosed  in  iron  jackets. 

Sec.  33.  Exit  Lights:  Under  “Exit  Lights”  shall  be 

included  lights  over  all  doors  and  over  the  entrance  to  all 
stairways  and  passageways  leading  from  auditoriums,  bal- 
conies or  galleries  to  streets,  alleys  or  open  courts,  and 
any  other  lights  which  may  be  necessary  to  lead  or  direct 
the  audience  from  the  auditoriums,  balconies,  galleries  or 
other  public  parts  of  the  building  to  streets,  alleys  or  open 
courts;  also  such  lights  as  may  be  necessary  to  lead  or 
direct  all  performers  and  stage  employees  (including  all 
persons  on  or  about  the  stage)  to  public  streets,  alleys  or 
open  courts. 

Exit  lights  shall  be  either: 

(1)  Electric  lights,  fed  independently  on  the  gen- 
eral lighting  system  and  connected  via  automatic  shunt 
with  battery  when  usual  current  shall  fail.  This  circuit 
shall  not  pass  through  or  near  the  stage  or  moving  picture 
booth. 

(2)  Or  where  the  usual  electric  current  shall  fail, 
such  lights  may  be  candles  or  oil  lamps  using  non-volatile 
oil  with  floating  wick  and  shall  be  properly  shielded  from 
drafts  and  from  adjacent  woodwork  or  other  combustible 
material. 

Every  portion  of  the  theater  devoted  to  the  use  or 
accommodation  of  the  public  except  the  general  audito- 
rium, also  all  outlets  leading  to  the  streets  and  including 
all  open  courts,  passageways,  stairways,  doors  and  fire 
escapes,  shall  be  kept  well  and  properly  lighted  during 
every  performance  and  the  same  shall  remain  lighted 
until  the  entire  audience  shall  have  left  the  premises. 

Every  exit  light  over  an  exit  door  or  over  the  en- 
trance to  a stairway  or  passageway,  or  other  means  of 
egress  (whether  usual  or  emergency)  shall  have  a red 
illuminated  sign  bearing  the  word  “exit”  in  plain  letters 
at  least  5 inches  high,  or  a similar  sign  placed  below  a 
red  light. 

Sec.  34.  Toilet  Rooms:  Separate  toilet  rooms  in 

connection  with  auditoriums  shall  be  provided  for  males 
and  females.  One  closet  shall  be  installed  for  each 
100  females  or  fraction,  and  one  closet  and  one  urinal  for 
each  200  males  or  fraction.  The  above  number  of  fix- 
tures shall  be  based  upon  the  maximum  seating  capacity, 
assuming  the  audience  to  be  equally  divided  between  males 
and  females. 

Water  closets  in  connection  with  the  stages  shall  be 
provided  in  every  theater  accommodating  more  than  300 
persons.  There  shall  be  separate  closets  for  males  and 
females. 


200 


City  Ordinances 


Sec.  35.  Air:  In  every  theater  and  in  every  assem- 

bly hall  accommodating  more  than  300  persons,  provision 
shall  be  made  for  supplying  at  least  30  cubic  feet  of  air 
per  minute  for  each  occupant  thereof. 

Sec.  36.  Fire  Protection.  Standpipes:  Interior 

standpipes  with  lines  of  1V2  inch  hose  shall  be  installed 
as  follows: 

Every  theater  or  public  assembly  hall  accommodating 
not  more  than  300  persons  shall  have  at  least  one  stand- 
pipe in  the  balcony,  one  at  the  rear  of  the  auditorium, 
one  on  the  stage,  and  one  under  the  stage. 

Every  theater  or  public  assembly  hall  accommodating 
more  than  300  persons  shall  have  at  least  one  standpipe 
in  the  auditorium,  one  in  the  balcony  and  gallery,  one  on 
each  side  of  the  stage  near  exit,  one  in  each  fly  gallery, 
near  stairway,  and  one  on  each  side  of  the  basement  under 
the  stage,  near  exit. 

The  above  lines  of  hose  shall  not  be  more  than  75  * 
feet  long,  and  where  such  lines  of  hose  will  not  reach  the 
extreme  parts  of  such  portions  of  the  building  or  structure, 
additional  standpipes  and  hose  shall  be  installed.  All  such 
standpipes  shall  be  filled  with  water  at  the  usual  pressure 
at  all  times  while  the  building  is  in  use. 

Sec.  37.  Mirrors,  False  Openings:  No  false  open- 

ings giving  the  appearance  of  a door  or  window,  where 
none  exists,  shall  be  placed  in  any  part  of  a theater  or 
assembly  hall  used  by  the  public. 

No  mirror  shall  be  placed  in  any  part  of  a theater 
used  by  the  general  public,  except  in  the  women’s  and 
men’s  retiring  and  toilet  rooms. 

Sec.  38.  Moving  Picture  Machines  and  Booths — 
Construction  of  Booth:  Every  picture  machine  shall,  be- 

fore being  operated,  be  installed  in  a booth  constructed 
entirely  of  fire-resisting  material,  including  brick,  tile,  con- 
crete, two-inch  cement  plaster  on  metal  lath  and  metal 
frames,  or  of  sheet  iron  or  asbestos  sheathing,  as  specified 
below.  The  size  of  the  booth  (for  one  machine)  shall  be 
not  less  than  5 feet  by  5 feet  by  6 feet  high. 

Every  booth  made  of  sheet  iron  or  asbestos  sheathing 
shall  have  its  frame  constructed  of  not  less  than  1 % by 
1 % by  3-16  inch  steel  angles  or  tees,  placed  not  more 
than  two  feet  apart,  properly  braced  to  secure  rigidity, 
and  securely  riveted  or  bolted  at  joints.  The  sheathing 
shall  be  of  not  less  than  No.  20  U.  S.  gauge  sheet  iron  or 
14  inch  hard  asbestos  board,  securely  riveted  and  bolted  to 
the  frame.  The  floor  shall  be  constructed  of  the  same  mate- 
rial as  the  sides  and  top,  riveted  or  bolted  to  the  frame, 
and  covered  with  a rubber  or  cork  matting.  No  sheet 
metal  booth  shall  be  placed  nearer  to  any  combustible 
partition,  wall  or  ceiling,  than  2 feet. 

Sec.  39.  Door:  The  door  shall  be  no  larger  than  2 

by  5 feet,  and  shall  be  of  the  same  construction  as  the 
booth,  or  be  at  least  % inch  thick  and  clad  with  metal 
not  less  than  No.  20  U.  S.  gauge,  and  shall  swing  outward, 
and  close  automatically,  either  by  means  of  a spring  on 
the  outside  or  by  a metal  rope  and  weight.  Two  metal 


City  of  Phoenix 


201 


latches  shall  be  provided,  one  about  12  inches  below  the 
top  and  the  other  about  12  inches  above  the  bottom  of  the 
door,  so  connected  that  one  operation  opens  both  latches. 

Sec.  40.  Openings:  The  openings  for  the  operator’s 

view,  or  for  the  picture,  shall  not  be  larger  than  12  inches 
square,  and  shall  be  provided  with  a gravity  door,  of  the 
same  construction  as  specified  for  the  booth,  held  open  by 
fusible  links  placed  in  series,  so  arranged  that  one  of  the 
links  shall  be  suspended  directly  over  the  film  when  in 
the  slide  of  the  apparatus;  or  such  openings  shall  be  so 
arranged  as  to  be  closed  except  when  held  open  by  pressure 
of  the  operator,  and  shall  not  be  blocked  or  held  open  in 
any  manner,  except  as  here  described. 

Sec.  41.  Ventilation:  Each  booth  shall  be  provided 

with  metal  ventilating  pipe  not  less  than  12  inches  in 
diameter,  extending  outside  of  the  building. 

If  a 12-inch  outlet  pipe  be  impracticable,  a smaller 
pipe  may  (if  approved  by  the  City  Inspector  of  Buildings) 
be  used  if  provided  with  an  efficient  rotary  fan. 

A fresh  air  opening  shall  also  be  provided  near  the 
rear  end’  of  the  booth,  in  or  near  the  floor,  connecting 
with  a metal  duct  of  not  less  than  120  square  inches  area, 
leading  from  the  outside,  and  having  a damper  operating 
automatically  by  fusible  links,  and  a damper  operated  at 
the  will  of  the  operator.  If  a standard  fire  window  be 
provided  not  less  than  4 square  feet  in  area,  connecting 
with  the  outside  air,  and  opening  not  less  than  one-half, 
then  the  ventilating  pipes  (both  inlet  and  outlet)  may  be 
omitted. 

Sec.  42.  Machine:  Every  machine  shall  be  provided 

with  feed  and  take-up  reels  in  metal  receiving  boxes  with 
riveted  or  flanged  joints.  A shutter  shall  be  placed  in 
front  of  the  condenser,  arranged  so  as  to  be  closed,  ex- 
cept when  held  open  by  the  operator,  or  by  some  other 
device  insuring  the  immediate  dropping  of  the  shutter 
when  operation  of  the  machine  is  stopped. 

Sec.  43.  Films,  Etc. : Magazines  shall  be  used  for 

receiving  and  delivering  films  during  the  operation  of  the 
machine.  Films  not  in  the  machine  shall  be  kept  in  metal 
boxes,  with  tight-fitting  covers  while  in  the  booth.  No 
combustible  substance  of  any  sort  shall  be  permitted  in  the 
booth,  except  the  film  used  in  operation. 

Sec.  44.  Temporary  Booth:  Every  temporary  booth 

shall  be  of  approved  design,  conforming  as  far  as  possible 
to  the  requirements  of  permanent  booths.  Every  booth 
used  for  more  than  three  consecutive  performances  in  one 
location  shall  be  considered  a permanent  booth. 

Sec.  45.  General  Provisions  Regarding  This  Part: 
Nothing  contained  or  provided  in  this  part  referring  to 
theaters  and  assembly  halls  shall  be  construed  as  conflict- 
ing with  or  limiting  the  general  provisions  of  this  Ordi- 
nance regarding  the  class  of  construction  required  by  the 
fire  limits  of  the  City  of  Phoenix. 


202 


City  Ordinances 


PART  XII. 

SPECIAL  PROVISIONS  RELATING  TO  CERTAIN 
STRUCTURES  AND  APPLIANCES. 

Section  1.  Fire  Escapes:  On  buildings  and  structures 
already  erected,  and  which  under  the  provisions  of  this 
Ordinance  require  a fire  escape,  before  such  fire  escape 
be  built  a permit  shall  be  obtained  from  the  City  Inspector 
of  Buildings,  for  which  a fee  of  one  dollar  ($1.00)  shall 
be  charged.  Such  permit  shall  be  subject  to  the  .pro- 
visions of  this  Ordinance  regarding  commencing  of  work 
and  forfeiture  of  permit  as  laid  down  in  this  Ordinance 
in  connection  with  regular  building  permits. 

If  the  City  Inspector  of  Buildings  shall  find  upon 
inspection  that  any  building  or  structure  be  not  properly 
provided  with  fire  escapes,  he  shall,  in  writing,  notify 
the  owner  or  the  person  having  charge  of  such  building  or 
structure,  that  fire  escapes  are  required;  and  such  owner 
or  occupant  shall  have  ten  days  after  receipt  of  such  notice 
in  which  to  commence  construction  of  such  fire  escapes, 
and  if  such  construction  be  not  started  within  ten  days, 
all  parts  of  the  building  above  the  second  floor  shall  be 
vacated  forthwith.  The  posting  of  a notice  on  such  build- 
ing or  structure  in  a conspicuous  place  thereon  by  the 
City  Inspector  of  Buildings  shall  be  construed  as  meeting 
the  requirements  of  this  section  as  to  notice  and  specifica- 
tions. And  it  shall  be  the  duty  of  the  Chief  of  Police  to 
enforce  such  notice  of  the  City  Inspector  of  Buildings. 

Sec.  2.  Where  Not  Required:  The  provisions  of  this 

section  shall  not  apply  to  churches  or  dwelling  houses,  or 
to  warehouses,  storage  elevators,  ice  houses  or  cold  storage 
plants,  in  which  no  person  but  the  watchman  is  regularly 
employed  above  the  second  floor  between  the  hours  of 
six  o’clock  p.  m.  and  five  o’clock  a.  m.  of  the  succeed- 
ing day. 

Sec.  3.  Permits  for  Fire  Escapes:  It  shall  be  un- 

lawful for  any  person,  firm,  association  or  corporation  to 
erect,  construct,  or  change  the  location  of  any  fire  escape 
required  by  the  Ordinance  of  the  City  of  Phoenix  without 
first  obtaining  a permit  from  the  City  Inspector  of  Build- 
ings so  to  do. 

Every  building  or  structure  three  or  more  stories  in 
height,  except  as  in  this  Ordinance  otherwise  provided, 
shall  be  provided  and  equipped  with  metallic  fire  escapes, 
consisting  of  metallic  balconies,  stairways  and  railings, 
firmly  secured  to  the  outer  walls,  and  erected  and  arranged 
in  such  a way  and  in  such  proximity  to  windows  or  doors 
of  each  story  above  the  first  story  of  such  buildings  and 
structures  as  to  render  said  fire  escapes  readily  accessible 
from  the  interior  of  such  building  or  structure.  On  every 
such  building  or  structure  there  must  be  at  least  one  fire 
escape  connected  with  every  floor  above  the  first  floor. 
Every  such  building  of  classes  “B”  and  “C”  containing 
more  than  five  thousand  square  feet  of  floor  area  on  any 
floor  above  the  first  story  shall  be  provided  and  equipped 
with  an  additional  fire  escape  for  every  additional  five 
thousand  square  feet  of  area,  or  fractional  part  thereof, 


City  of  Phoenix 


203 


contained  in  the  floor  of  largest  area  above  the  first 
story;  and  every  such  building  or  structure  of  class  “D” 
construction  containing  more  than  four  thousand  square 
feet  of  floor  area  on  any  floors  aboye  the  first  story  shall 
be  equipped  with  an  additional  fire  escape  for  every 
additional  four  thousand  square  feet  of  floor  area,  or 
fractional  part  thereof,  contained  in  the  floor  of  largest 
area  above  the  first  story.  On  every  building  of  class  “A” 
there  shall  be  a fire  escape  for  every  ten  thousand  square 
feet  of  area,  or  fractional  part  thereof,  in  the  floor  of  the 
greatest  area  above  the  first  story. 

Sec.  4.  Specifications  for  the  Erection  and  Construc- 
tion of  Fire  Escapes:  Except  where  otherwise  provided  in 

this  Ordinance,  the  materials  and  mode  of  construction  for 
fire  escapes  hereafter  installed  shall  be  as  follows: 

The  balcony  of  every  fire  escape  shall  be  not  less 
than  thirty-six  inches  in  width,  and  not  less  than  seven 
feet  in  length;  provided,  however,  that  where  structural 
features  of  any  building  or  structure  will  not  permit  the 
erection  of  a fire  escape  balcony  of  the  length  or  width 
herein  required,  then  and  in  that  event  the  City  Inspector 
of  Buildings  may  issue  a permit  in  writing  allowing  such 
balcony  to  be  constructed  of  a length  less  than  seven  feet 
or  a width  less  than  thirty-six  inches,  provided  that  in  no 
event  shall  any  such  balcony  contain  less  than  eighteen 
square  feet  of  floor  area.  The  openings  in  the  floor  of 
the  balcony  for  the  stairway  shall  be  not  less  than  twenty 
inches  by  thirty  inches,  provided  that  no  such  opening 
shall  be  made  in  any  lowest  balcony.  The  stairway  shall 
be  not  less  than  eighteen  inches  in  width  and  shall  be  con- 
structed as  follows: 

The  stringers  shall  be  of  steel  not  less  than  one-fourth 
inch  by  four  inches;  the  treads  shall  have  a rise  of  not 
more  than  twelve  inches  and  shall  be  of  one-fourth  inch 
by  four  inch  steel.  The  stairway  shall  have  minimum 
inclination  of  four  inches  horizontal  to  twelve  inches  ver- 
tical height,  and  there  shall  be  a landing  not  less  than 
twenty  inches  wide  at  the  top  and  at  the  bottom  of  the 
stairway. 

Where  the  height  of  a story  be  such  as  to  preclude 
the  possibility  of  obtaining  four-inch  inclination  to  each 
twelve-inch  vertical  height  and  still  have  the  top  and 
bottom  of  such  stairway  in  proper  location  within  such 
balconies,  the  balconies  shall  be  long  enough  to  accommo- 
date the  stairway.  In  all  cases  where  the  length  of  the 
stairway  between  balconies  exceed  twelve  feet,  such  stair- 
way shall  be  braced  in  the  center  thereof. 

There  shall  be  an  iron  gooseneck  ladder  extending 
from  the  balcony  at  the  top  of  floor  to  and  above  the  roof 
of  the  building  or  structure.  The  portion  of  the  ladder 
from  the  balcony  to  the  top  of  the  wall  shall  be  parallel 
to  the  general  face  of  the  wall.  Such  ladder  shall  be  not 
less  than  fifteen  inches  wide. 

All  parts  and  details  of  the  construction  of  balconies, 
ladders,  stairways  and  handrails  shall  be  firmly  supported 
and  stiffened  so  as  to  be  perfectly  rigid,  durable  and 
secure. 


204 


City  Ordinances 


Each  balcony  shall  be  tested  by  the  owner  or  builder 
thereof  at  his  own  expense,  in  the  presence  of  the  City 
Inspector  of  Buildings,  with  a dead  load  of  one  hundred 
pounds  per  square  foot  of  floor  area.  If  the  balcony  shows 
any  weakness  in  construction  or  anchorage,  it  shall  be 
strengthened  at  once  by  the  owner  or  builder  and  made  in 
every  way  satisfactory  to  the  City  Inspector  of  Buildings. 

Sec.  5.  Floor  of  Lowest  Balcony  of  Fire  Escape : 
The  floor  or  bottom  of  the  lowest  balcony  of  every  fire 
escape  shall  have  no  opening  or  open  space  therein  of 
greater  width  than  one  inch. 

Sec.  6.  Passageways  to  Fire  Escapes:  In  buildings 

or  structures  already  erected,  where  the  fire  escapes  can- 
not be  so  placed  as  to  be  accessible  from  the  hall  or 
corridor,  and  where  the  only  means  of  reaching  a fire 
escape  be  through  a room,  then  the  door  of  such  room 
shall  be  a sash  door,  and  over  such  door  there  shall  be 
suspended  a light  of  not  less  than  eight  candle  power, 
enclosed  in  a red  colored  globe,  which  said  light  shall  be 
kept  continuously  lighted  from  sunset  to  sunrise  of  each 
succeeding  day.  There  shall  also  be  painted  upon  said 
wall  contiguous  thereto,  or  upon  a sign  suspended  not 
more  than  twelve  inches  below  such  light,  the  words,  “To 
Fire  Escape,”  the  letters  of  such  words  to  be  not  less 
than  three  inches  in  height,  and  shall  be  white  upon  a 
black  background. 

Sec.  7.  Hallways  to  Fire  Escapes:  Exterior  fire 

escapes  required  by  this  Ordinance  on  any  building  or 
structure  hereafter  erected  or  remodeled  shall  be  located 
at  the  end  of  a hall  or  passageway. 

Sec.  8.  Windows  Opposite  Fire  Escapes:  Every  door 
or  window  leading  directly  into  any  part  or  portion  of  a 
fire  escape  shall  be  hung  so  as  to  be  readily  opened. 

Sec.  9.  Obstruction  to  Fire  Escapes:  It  shall  be 

unlawful  for  any  person,  firm,  association  or  corporation 
to  attach,  fasten  or  tie  onto,  permit,  allow  or  suffer  to  be 
attached,  fastened  or  tied,  to  any  escape  or  standpipe,  any 
rope,  cable,  wire  or  standard. 

It  shall  be  unlawful  for  any  person,  firm,  association 
or  corporation  in  any  manner  or  by  any  means,  to  ob- 
struct or  to  permit,  allow  or  suffer  to  be  obstructed,  fire 
escapes  or  any  portions  thereof,  or  any  hallway  or 
passageway  leading  to  a fire  escape. 

Sec.  10.  Location  of  Fire  Escapes  and  Standpipes: 
The  City  Inspector  of  Buildings  shall  have  power  to  de- 
termine the  location  of  all  fire  escapes  and  standpipes, 
and  the  number  thereof,  in  such  cases  as  the  number  and 
location  thereof  be  not  fixed  by  this  Ordinance;  the  said 
City  Inspector  of  Buildings  shall  have  power  to  inspect 
the  same  to  see  that  they  are  properly  constructed  and 
sustained,  as  required  by  this  Ordinance.  Before  a permit 
be  issued  for  any  building  or  structure  required  to  have 
fire  escapes  and  standpipes,  the  plans  thereof  shall  be 
submitted  to  the  City  Inspector  of  Buildings,  and  the 
number  and  location  of  such  fire  escapes  shall  be  de- 
termined and  designated  by  the  City  Inspector  of  Build- 
ings, and  endorsed  on  such  plans  . 


City  of  Phoenix 


205 


Sec.  11.  Installation  of  Storage  Tanks:  All  storage 
tanks  for  the  storage  of  gasoline  or  distillate  shall  be 
placed  under  the  directions  in  writing  of  the  City  Inspector 
of  Buildings. 

(1)  All  such  storage  tanks  shall  be  placed  outside 
of  the  building,  below  the  sidewalk  grade  and  close  to  the 
curb  line. 

(2)  When  the  sidewalk  be  not  excavated  for  side- 
walk use,  the  top  of  all  such  storage  tanks  shall  be  at 
least  four  feet  below  the  sidewalk  grade.  Space  between 
the  top  of  the  tank  and  the  sidewalk  grade  shall  be  filled 
solidly  with  earth. 

(3)  Where  the  sidewalk  be  excavated  and  used  as  a 
part  of  the  basement,  such  storage  tanks  may  rest  on  the 
basement  floor,  in  which  case  a brick  or  concrete  wall  not 
less  than  twelve  inches  in  thickness  shall  be  constructed 
around  such  storage  tanks,  standing  up  to  four  feet  above 
the  top  of  such  tanks.  The  space  between  the  top  of  any 
such  tank  and  the  solid  wall  shall  be  filled  solidly  with 
earth  to  within  four  inches  of  the  top  of  such  wall;  such 
earth  shall  be  covered  with  at  least  four  inches  of  concrete. 

(4)  Where  it  be  desired  to  utilize  the  space  under 
the  sidewalk  for  basement  purposes,  the  top  of  any  such 
storage  tank  shall  be  at  least  four  feet  below  the  base- 
ment floor,  and  a brick  or  concrete  wall  not  less  than 
twelve  inches  in  thickness  shall  be  constructed  around  such 
storage  tanks,  extending  from  the  bottom  thereof  up  to 
the  basement  floor;  the  space  between  the  top  of  any 
such  tank  and  the  basement  floor  shall  be  covered  solidly 
with  earth,  and  the  whole  thereof  covered  with  concrete 
flooring. 

(5)  Where  two  or  more  such  tanks  be  installed 
there  shall  be  a brick  or  concrete  dividing  wall  not  less 
than  twelve  inches  thick  between  all  such  tanks. 

(6)  No  such  tank  shall  be  connected  to  another  so 
that  gasoline  can  flow  from  one  to  the  other. 

(7)  No  such  tank  shall  be  covered  with  earth  until 
an  inspection  shall  have  been  made  by  the  City  Inspector 
of  Buildings. 

(8)  All  such  tanks  stored  in  the  basement  under  the 
sidewalks  shall  be  placed  close  to  the  retaining  wall  of  the 
street. 

(9)  One  such  storage  tank  may  be  installed  for 
private  garage  on  private  property  with  the  consent  of 
the  City  Inspector  of  Buildings,  provided  such  tanks  shall 
be  not  closer  than  twenty-five  feet  to  any  building,  and 
covered  with  at  least  four  feet  of  earth. 

Sec.  12.  Pumps:  All  such  storage  tanks  shall  be 

connected  with  an  automatic  closing  valve  pump,  which 
may  be  located  inside  the  building  or  structure  not  below 
the  first  floor;  all  pumps  shall  be  placed  above  the  top 
of  such  tanks;  no  gravity,  syphon  or  pressure  system  shall 
be  used  for  taking  gasoline  from  any  storage  tank. 

Sec.  13.  Pipes:  All  pipes  shall  lead  from  the  top 

of  all  such  tanks. 

(1)  All  piping  must  be  galvanized  and  put  together 
with  litharge  and  glycerine. 


206 


City  Ordinances 


(2)  A vent  pipe  of  not  less  than  one  inch  diameter 
shall  be  connected  with  all  such  storage  tanks,  extending 
up  outside  the  building  or  structure,  and  shall  be  capped 
with  a return  bend,  covered  with  a fine  mesh  brass  wire 
netting. 

(3)  A separate  filling  pipe  shall  be  connected  with 
each  tank,  extending  up  through  the  sidewalk  at  curb 
line,  and  tapped  with  water-tight  screw  pipe. 

Sec.  14.  Awnings:  All  awnings  hereafter  erected 

shall  be  elevated  at  least  eight  feet  from  the  lowest  part 
thereof  above  the  top  of  the  sidewalk,  provided  that  a 
vertical  hanging  border  not  to  exceed  twelve  inches  in 
width  will  be  permissible,  and  shall  not  project  over  the 
sidewalk  to  exceed  three-fourths  of  the  width  thereof. 
They  shall  be  supported  without  posts,  by  an  iron  frame- 
work attached  firmly  to  the  building  so  as  to  leave  the 
sidewalk  wholly  unobstructed  thereby. 

Canvas  covering  shall  not  be  used  on  any  stationary 
awning.  Stationary  awnings  shall  have  metal  or  other 
incombustible  covering  and  shall  be  constructed  to  support 
a ljye  load  of  not  less  than  twenty  pounds  per  square  foot. 

Temporary  carriage  entrance  awnings  may  be  con- 
structed over  sidewalks  as  protection  to  the  entrance  to 
hotels,  theaters,  etc.,  provided  such  awnings  be  constructed 
of  metal  framework.  Such  entrance  awnings  shall  be 
the  width  of  the  entrance  protected  thereby,  and  shall 
extend  over  the  entire  width  of  the  sidewalk  in  front  of 
the  same,  the  lowest  part  of  any  such  awning  shall  be  at 
least  eight  feet  above  the  sidewalk  level. 

Sec.  15.  Repealed  by  Ordinance  305. 

Sec.  16.  Billboards:  No  billboard  or  signboard  shall 

be  erected,  placed  or  maintained  upon  or  above  the  roof 
of  any  building  or  structure  within  the  limits  of  the  City 
of  Phoenix,  and  it  shall  be  unlawful  for  any  person,  firm, 
association  or  corporation  to  attach  or  maintain  any  bill- 
board or  signboard  to  or  upon  the  front,  sides,  or  rear  of 
any  building,  unless  the  same  shall  be  placed  flat  against 
the  building  and  safely  secured  and  anchored  thereto  in 
a manner  satisfactory  to  the  City  Inspector  of  Buildings. 

The  face  of  all  billboards  and  signboards  ejected 
within  the  fire  limits  of  the  City  of  Phoenix  shall  not 
exceed  twelve  feet  in  height  and  the  same  shall  be  con- 
structed of  galvanized  iron  or  some  other  equally  incom- 
bustible material,  except  that  the  stringers,  uprights  and 
braces  thereof  may  be  of  wood.  All  such  billboards,  and 
signboards  shall  be  securely  anchored  or  fastened  so  as  to 
be  safe  and  substantial;  provided  that  billboards  or  sign- 
boards not  exceeding  twelve  feet  square  in  area  may  be 
built  of  wood  or  other  combustible  material. 

Sec.  17.  Structures  in  Public  Streets,  Sidewalks  and 
Alieva : No  person  shall  dig  or  cause  to  be  dug  in,  near 

or  adjoining  any  street,  sidewalk  or  alley  in  the  City  of 
Phoenix,  any  vault,  area,  coal  hole,  basement  stairway, 
elevator  shaft,  cellar  or  other  opening  without  first  ob- 
taining a permit  from  the  City  Inspector  of  Buildings  so 
to  do,  and  no  such  vaults,  areas,  coal  bins,  basements, 
stairways,  elevator  shafts,  cellars  or  other  openings,  dug 


City  of  Phoenix 


207 


in,  near  or  adjoining  any  public  street,  sidewalk  or  alley, 
shall  be  permitted  or  suffered,  except  as  authorized  by 
this  Ordinance. 

All  vaults,  coal  holes,  basements,  elevator  shafts,  cellar 
or  openings  now  dug  in,  near  or  adjoining  any  public 
street,  sidewalk  or  alley,  shall  be  at  all  times  securely 
covered  or  protected  with  a grating  or  other  covering  or 
protection  in  such  manner  as  to  prevent  persons,  animals 
or  vehicles  from  falling  therein ; nor  shall  any  person  keep, 
maintain  or  leave  open  any  cellar  door,  grating,  stairway 
or  any  vault,  cellar,  basement,  area,  coal  hole,  elevator 
shaft  or  other  opening  in,  near  or  adjoining  any  public 
street,  sidewalk  or  alley,  nor  shall  any  person  suffer  or 
allow  any  such  cellar  doors,  grating,  stairway  in  front  of, 
or  along  the  side  of  the  house,  building,  lot  or  premises, 
owned  or  occupied  by  him,  to  remain  in  an  insecure  con- 
dition or  out  of  repair. 

The  opening  in  any  stairway  occupying  any  portion 
of  any  public  street,  sidewalk  or  alley  in  the  City  of 
Phoenix  shall  not  occupy  more  than  ten  feet  of  any  such 
street,  sidewalk  or  alley,  measuring  along  the  building  line 
abutting  on  such  street,  sidewalk  or  alley,  nor  more  than 
three  feet  measuring  outward  from  the  building  line,  and 
no  such  stairway  shall  be  suffered  or  permitted  to  occupy 
any  portion  of  any  street,  sidewalk  or  alley  unless  the 
same  be  enclosed  with  a substantial  iron  railing  not  less 
than  three  feet  in  height,  securely  fastened  to  the  build- 
ing; and  no  such  a stairway  shall  be  permitted  or  suffered 
to  be  placed  in  any  such  street,  sidewalk  or  alley  without 
a permit  being  first  obtained  from  the  City  Inspector  of 
Buildings. 

All  stairways  now  occupying  a portion  of  any  such 
street,  sidewalk  or  alley  shall,  within  ninety  days  from  the 
passage  and  publication  of  this  Ordinance,  be  made  to 
conform  to  the  provisions  of  this  Ordinance. 

Sec.  18.  Boiler  and  Boiler  Rooms:  Boiler  rooms 

inside  any  building  or  structure  within  either  of  the  fire 
limits:  All  walls  surrounding  such  boiler  room  inside  any 
building  or  structure  except  private  dwellings,  shall  be  of 
masonry,  concrete  or  terra  cotta  for  the  full  height  of  the 
basement  or  story  of  such  building  or  structure  in  which 
such  boiler  be  located.  Such  walls,  if  constructed  of  brick 
or  terra  cotta,  shall  be  not  less  than  eight  inches  thick, 
and  if  constructed  of  concrete,  shall  be  not  less  than  six 
inches  thick,  and  all  exposed  woodwork  in  such  rooms 
shall  be  covered  with  metal  lath  and  plastered,  or  if  con- 
structed of  wood  shall  be  covered  with  sheet  metal.  Every 
opening  into  such  boiler  room  from  the  interior  of  such 
building  or  structure  in  which  such  boiler  be  located  shall 
have  a door  or  shutter  constructed  according  to  under- 
writers’ specifications,  and  so  arranged  as  to  close  auto- 
matically; and  where  oil  be  burned  the  furnace  shall  be 
set  in  and  surrounded  by  a pit  at  least  eight  inches  deep, 
and  every  doorway  shall  have  a concrete  sill  rising  not  less 
than  six  inches  from  the  floor.  No  wood  shall  be  used 
in  the  construction  of  the  floor  of  any  boiler  room.  In 
buildings  or  structures  of  classes  “B,”  “C”  and  “D”  there 


208 


City  Ordinances 


shall  be  a clear  space  above  every  boiler  installed  in  any 
such  boiler  room  of  not  less  than  five  feet  and  above  the 
breeching  of  not  less  than  two  feet;  provided,  however, 
that  if  any  such  boiler  be  of  such  capacity  and  constructed  in 
such  manner  as  to  not  develop  or  sustain  more  than  ten 
pounds  pressure  per  square  inch,  such  clear  space  above 
such  boiler  shall  be  not  less  than  four  feet,  and  the  clear 
space  above  the  breeching  shall  be  not  less  than  two  feet, 
and  provided  further,  that  a sheet  of  No.  18  iron  shall  be 
suspended  not  less  than  two  inches  from  the  ceiling  over 
and  one  foot  in  every  direction  beyond  said  breeching. 

Adjacent  to  the  door  of  every  such  boiler  room  there 
shall  be  provided  a standpipe  not  less  than  one  and  one- 
half  inches  in  diameter,  with  at  least  twenty-five  feet  of 
standard  fire  hose  not  less  than  one  and  one-half  inches 
in  diameter  attached  thereto,  and  full  pressure  of  water 
at  all  times  in  such  standpipe.  No  boiler  room  shall  be 
located  or  constructed  directly  or  partially  under  any 
stairway  of  any  building  or  structure. 

Sec.  19.  Boiler  Rooms  Outside  of  Fire  Limits:  Where 
a building  or  structure  located  outside  of  all  fire  limits  be 
used  for  a boiler  room  only,  such  building  or  structure, 
except  as  herein  otherwise  provided,  shall  be  constructed 
of  masonry,  hollow  terra  cotta  blocks,  concrete,  corrugated 
iron  or  metal  lath  and  plaster  on  wood  frame.  When 
masonry,  terra  cotta  blocks  or  concrete  be  used  in  the 
construction  of  such  building  or  structure,  walls  thereof 
shall  be  of  the  thickness  specified  by  this  Ordinance  for 
walls  constructed  of  such  materials;  such  building  or 
structure,  if  of  frame  construction,  shall  be  not  less  than 
twenty  feet  from  any  other  building  or  structure. 

Sec.  20.  Cooking,  Heating,  Ventilating  and  Gas- 
Burning  Apparatus:  Stoves  and  ranges:  No  kitchen  range 

or  stove  in  any  building  or  structure  within  any  of  the 
fire  limits  shall  be  placed  less  than  three  feet  from  any 
woodwork  or  wooden  lath  and  plaster  partition,  unless  the 
woodwork  and  partition  be  properly  protected  by  metal 
shields;  in  which  case  the  distance  shall  be  not  less  than 
eighteen  inches. 

Hotel  and  restaurant  ranges  shall  be  provided  with 
a metal  hood,  placed  at  least  nine  inches  below  any 
wooden  lath  and  plaster  or  wooden  ceiling,  and  have  an 
individual  pipe  outlet  connected  with  a good  brick  flue. 
Such  pipe  shall  be  protected  by  at  least  one  inch  of  asbes- 
tos, or  its  equivalent. 

Combustible  floors  under  coal  ranges  and  similar 
appliances  without  legs,  in  which  hot  fires  be  maintained, 
shall  be  protected  by  a sheet  of  metal,  or  a one-eighth 
inch  layer  of  asbestos  building  lumber,  and  shall  be  cov- 
ered with  not  less  than  four  inches  of  masonry  set  in 
cement  mortar.  Such  masonry  may  consist  of  one  course 
of  four-inch  hollow  terra  cotta  or  of  two  courses  of  brick 
and  terra  cotta,  at  least  one  of  which  shall  be  hollow,  and 
be  laid  so  as  to  preserve  free  circulation  of  air  throughout 
the  whole  course.  Concrete  may  be  substituted  for  a 
course  of  solid  brick  if  denied.  The  masonry  work  shall 
be  covered  with  sheet  metal  of  not  less  than  number  26 


City  of  Phoenix 


209 


gauge  so  arranged  as  not  to  obstruct  the  ventilating 
passage  beneath.  Such  hearths  shall  extend  at  least  twen- 
ty-four inches  in  front  and  twelve  inches  on  the  sides  and 
back  of  any  such  range  or  similar  heating  appliance. 

All  coal  stoves  or  ranges  with  legs  shall  be  set  in 
incombustible  material  which  shall  extend  at  least  twelve 
inches  in  front. 

Sec.  21.  Heating  Furnace  and  Appliances:  All 

woodwork,  wooden  lath  and  plaster  partitions  or  ceilings 
within  four  feet  of  the  sides  or  back,  or  six  feet  from  the 
front  or  top  of  any  heating  boiler,  furnace,  bakery,  oven, 
coffee  roaster,  fire-heated  candy  kettle,  laundry  stove  or 
other  similar  appliance  shall  be  covered  with  metal  to  a 
heighth  of  at  least  four  feet  above  the  floor.  This  covering 
shall  extend  the  full  length,  breadth  and  heighth  of  the 
boiler,  furnace,  or  heating  appliance,  and  to  at  least  five 
feet  beyond.  Provided,  however,  such  protection  may  be 
by  metal  shields,  and  in  such  case  such  metal  shields  shall 
be  loosely  attached,  thus  preserving  an  air  space  behind 
them.  In  no  case  shall  such  combustible  construction  be 
permitted  within  two  feet  of  the  sides,  top  or  back  of 
such  heating  appliance,  or  within  five  feet  in  front  of 
same. 

No  furnace,  boiler,  range  or  other  heating  appliance 
shall  be  placed  nearer  than  eighteen  inches  from  any 
ceiling  or  wall  furred  with  wood. 

Heating  boilers  shall  be  encased  on  sides  and  top 
by  an  incombustible  protective  covering  not  less  than  one 
and  one-half  inches  thick. 

Sec.  22.  Use  of  Liquid  Fuel:  Where  any  liquid 

fuel  be  used  under  any  furnace,  such  furnace  shall  be  in 
a masonry  pit  eight  inches  below  the  surrounding  floor 
level  and  such  pit  shall  be  at  least  two  inches  larger  on  all 
sides  than  the  furnace. 

Sec.  23.  Furnace  Pipes:  All  concealed  wall  pipes, 
register  boxes  and  fittings  shall  be  completely  covered 
with  two  thicknesses  of  eight-pound  asbestos  paper  securely 
cemented  to  the  pipe,  and  no  heated  air  under  any  condi- 
tion shall  be  circulated  through  a wooden  vent  flue  or 
any  wooden  construction,  but  shall  be  carried  in  metal 
pipes  or  other  fireproof  construction. 

Sec.  24.  Protection  of  Steam  Pipes:  Steam-heating 

pipes  shall  not  be  placed  within  two  inches  of  any  timber 
or  woodwork,  unless  protected  by  metal  or  asbestos,  when 
the  distance  may  be  decreased  to  not  less  than  one  inch. 
Where  such  pipes  pass  through  floor,  ceiling  or  lath  and 
plaster,  or  wooden  partitions,  the  same  shall  be  surrounded 
bv  metal  tubes  passing  entirely  through  such  floors,  ceil- 
ings or  partitions,  with  a clear  space  of  two  inches  on  all 
sides  of  such  steam  pipes,  and  all  such  steam  pipes  shall 
be  so  sheathed  when  concealed. 

Pines  used  for  conveying  live  steam  under  high  pressure 
shall  in  no  case  be  brought  within  eight  inches  of  any 
woodwork,  unless  protected  by  a fireproof  pipe  covering 
at  least  one  inch  thick,  when  the  distance  may  be  de- 
creased to  not  less  than  two  inches. 


210 


City  Ordinances 


Sec.  25.  Gas  Installation:  Every  gas  heater  used  or 

intended  to  be  used  for  heating  water  shall  be  connected 
with  a vent  or  combustion  pipe  leading  to  the  outside  of 
the  building  in  which  any  such  heater  be  installed,  and 
shall  be  provided  with  a vent  or  combustion  pipe  of  an 
internal  area  equal  to  the  internal  area  of  the  vent  pipe 
outlet  on  such  heater,  provided  that  where  vents  are  not 
subjected  to  intense  heat  the  same  may  be  carried  to  a 
ventilated  place  underneath  the  roof.  Such  vents  shall 
not  terminate  within  thirty  inches  of  any  woodwork,  and 
shall  be  provided  with  a substantial  spark  arrester.  For 
each  additional  heater  vent  pipe  outlet  connected  to 
the  main  vent  pipe  the  area  of  the  main  vent  pipe  shall 
equal  the  combined  areas  of  the  heater  vent  pipe  outlets 
connected  to  such  main  vent  pipe.  All  vent  pipes  shall 
be  of  galvanized  iron  (except  as  herein  otherwise  pro- 
vided) and  shall  be  provided  with  a galvanized  iron  sleeve 
around  all  exposed  places.  Such  sleeve  shall  extend  the 
full  length  of  the  connected  portion  of  such  vent  pipe,  and 
shall  be  constructed  in  such  manner  that  there  shall  be  a 
clear  air  space  of  not  less  than  one-half  inch  all  around 
between  such  vent  pipe  and  such  sleeve.  The  interior  or 
surface  of  such  sleeve,  if  within  one  inch  of  vent  pipe, 
shall  be  covered  with  three  thicknesses  of  asbestos  paper; 
or  such  vents  may  be  constructed  of  brick  and  be  of  the 
same  size  and  general  construction  as  specified  elsewhere 
in  this  Ordinance  for  smoke  flues,  provided,  however,  that 
where  the  size  of  vents  be  not  required  to  be  more  than 
three  inches  in  internal  diameter,  then  such  vent  piping 
may  be  constructed  of  good  terra  cotta  pipe  having  ball 
joints  securely  connected  together  and  otherwise  in  ac- 
cordance with  the  Ordinance  of  the  City  of  Phoenix. 

No  gas  heater  used  or  intended  to  be  used  for  heat- 
ing water  shall  be  concealed  in  any  compartment  or 
closet  unless  such  closet  or  compartment  be  of  fireproof 
or  fire-resisting  construction.  Where  fireproof  construc- 
tion be  used,  masonry,  concrete  or  other  fireproof  mate- 
rial of  a character  satisfactory  to  the  City  Inspector  of 
Buildings  shall  be  used.  Where  fire-resisting  construction 
be  used,  all  sides  of  the  enclosure,  including  the  inside 
surface  of  the  door,  the  floor  and  the  ceiling  thereof,  shall 
be  lined  with  at  least  three-ply  asbestos  paper,  covered 
with  galvanized  iron.  In  every  such  compartment  or  closet 
where  such  heater  be  installed  there  shall  be  provided  an 
air  inlet  independent  of  door  or  window,  and  such  air 
inlet  shall  be  located  in  or  near  the  floor,  and  the  air 
outlet  through  the  ceiling  or  contiguous  thereto.  The 
minimum  area  of  such  air  inlets  and  air  outlets  shall  be 
thirty-six  square  inches. 

In  every  building  or  structure  hereafter  erected,  suit- 
able provision  shall  be  made  for  the  installation  of  gas 
meters.  The  location  of  such  meters  shall  be  readily 
accessible  from  the  exterior  of  the  building.  Meters^  may 
be  located  underneath  first  floor  joists  if  there  be  a clear 
space  of  at  least  eighteen  inches  under  such  joists.  When 
meters  are  so  placed  and  there  be  no  basement,  an  opening 
at  least  twelve  inches  by  twenty-four  inches  shall  be  left 


City  of  Phoenix 


211 


on  the  wall  or  foundation  for  the  insertion  of  meters. 
When  meters  cannot  be  placed  underneath  floor  joists,  the 
same  may  be  located  on  the  exterior  of  the  building,  pro- 
vided a suitable  shelter  be  built  therefor  before  it  is  in- 
stalled. 

Sec.  26.  Any  person,  firm,  association  or  corporation 
violating  any  of  the  provisions  of  this  Ordinance  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a fine  of  not  more  than 
$300  or  by  imprisonment  in  the  City  Jail  for  a period  of 
not  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

Ordinance  Number  322,  old  series,  of  the  City  of 
Phoenix,  together  with  all  amendments  thereof,  is  hereby 
repealed,  and  in  addition  thereto  all  other  Ordinances 
and  parts  of  Ordinances  in  conflict  herewith,  and  only 
to  the  extent  that  the  same  are  in  conflict  herewith,  are 
hereby  repealed;  provided,  however,  that  such  repeal  or 
repeals  shall  not  prevent  the  prosecution  and  punishment 
of  any  person,  firm,  association  or  corporation  for  any 
act  or  omission  in  violation  of  any  Ordinance  or  part  of 
Ordinance  which  may  be  repealed  thereby,  and  shall  not 
affect  any  prosecution  or  action  in  any  court  for  violation 
of  any  Ordinance  or  part  of  Ordinance  repealed  hereby; 
but  the  right  of  the  city  to  institute  and  maintain  civil  or 
criminal  proceedings,  or  both,  for  any  act,  omission,  neg- 
lect or  violation  of  any  such  Ordinance  or  part  of  Ordi- 
nance repealed  hereby,  shall  continue  and  remain  in  force, 
as  if  this  Ordinance  has  not  been  passed. 

Sec.  27.  Whereas,  the  protection  of  life,  health  and 
property  within  the  City  of  Phoenix  requires  that  build- 
ings and  structures  erected  or  maintained  within  the  City 
of  Phoenix  shall  be  constructed  and  maintained  in  such  a 
manner  as  not  to  endanger  health,  life  or  limb  or  person, 
and  ro  as  not  to  endanger  property  within  the  limits  of 
the  City  of  Phoenix;  and, 

WHEREAS,  there  are  now  no  adequate  or  sufficient 
regulations  concerning  and  regulating  the  construction 
and  maintenance  of  buildings  and  structures  within  the 
City  of  Phoenix  an"1  prescribing  the  terms  and  conditions 
upon  and  under  which  buildings  and  structures  shall  be 
erected  and  maintained,  so  as  to  properly  and  adequately 
safeguard  and  protect  property  and  the  lives,  health  and 
limbs  of  persons  wPhin  the  City  of  Phoenix,  and  therefore 
it  is  urgently  necessary  that  such  adequate  regulation  and 
provision  be  immediately  made  therefor,  and  it  is  there- 
fore necessary  that  this  Ordinance  shall  become  imme- 
diately effective; 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  commission  and  ap- 
proval by  the  mayo**,  and  posting  and  publication  as  re- 
quired by  the  city  charter,  and  is  hereby  exempted  from 
the  referendum  provi-ion  of  the  Constitution  and  Laws  of 
the  State  of  Arizona  and  of  the  City  Charter. 


212 


City  Ordinances 


Passed  by  the  Commission  of  the  City  of  Phoenix  this 
29th  day  of  January,  1916. 

Approved  this  29th  day  of  January,  1916. 

GEORGE  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  116. 

An  Ordinance  amending  Section  7,  Part  II,  of  Ordinance 
Number  113,  entitled  “An  Ordinance  defining-  the 
powers  and  duties  of  the  City  Inspector  of  Buildings, 
prescribing  and  regulating  the  manner,  methods  and 
mode  of  constructing,  altering,  repairing  and  moving 
of  buildings  and  structures,  within  the  City  of  Phoe- 
nix, providing  for  the  issuance  and  revocation  of 
building  permits,  and  providing  for  the  condemnation 
of  buildings  and  other  structures  within  the  City  of 
Phoenix  whenever  dangerous  to  property,  life  or  limb, 
with  an  emergency  clause,"  and  passed  by  the  City 
Commission  of  the  City  of  Phoenix  and  approved  by 
the  Mayor  on  the  29th  day  of  January,  1916,  and 
with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Section  7,  of  Part  2,  of  Ordinance  Num- 
ber 113,  passed  by  the  Commission  of  the  City  of  Phoenix 
and  approved  by  the  Mayor  on  the  29th  day  of  January, 
1916,  and  entitled: 

“An  Ordinance  defining  the  powers  and  duties  of  the 
City  Inspector  of  Buildings,  prescribing  and  regulating 
the  manner,  methods  and  mode  of  constructing,  altering, 
repairing  and  moving  of  buildings  and  structures  within 
the  City  of  Phoenix,  providing  for  the  issuance  and  revoca- 
tion of  building  permits,  and  providing  for  the  condemna- 
tion of  buildings  and  other  structures  within  the  City  of 
Phoenix,  whenever  dangerous  to  property,  life  or  limb, 
with  an  emergency  clause,"  is  hereby  amended  to  read  as 
follows,  to-wit: 

Sec.  7.  “No  building  or  other  structure  not  per- 
mitted to  be  built  in  the  fire  limits  by  this  Ordinance^,  as 
such  fire  limits  now  or  hereafter  may  be  established, 
shall  be  moved  within  such  fire  limits,  but  such  building 
or  structure  may  be  moved  through  or  without  the  fire 
limits,  provided,  however,  that  wherever  there  has  hereto- 
fore been  or  hereafter  shall  be  lawfully  erected  in  the 
City  of  Phoenix  a building  or  structure  which,  owing  to 
changes  in  the  building  Ordinances  of  the  City,  or  the 
changes  in  the  fire  limits  of  the  city,  could  not  thereafter 
be  so  lawfully  erected  or  constructed,  such  building  or 
structure  may  be  moved  to  any  other  location  upon  the 
same  lot  or  lots  within  such  fire  limits  on  which  it  is  now 
located,  by  first  securing  a permit  from  the  City  In- 
spector of  Buildings  so  to  do  as  herein  provided,  and  the 
said  City  Inspector  of  Buildings  shall  not  issue  any  such 
permit,  unless  and  until  the  owner  of  such  building  or 


City  of  Phoenix 


213 


structure  in  the  fire  limits  of  the  city  shall  have  first 
obtained  the  written  consent  of  the  owners  of  the  prop- 
erty immediately  adjoining  the  lot  or  lots  on  which  any 
such  building  or  structure  is  located,  or  if  such  owner  is 
unable  to  secure  such  written  consent  of  the  owners  of 
the  property  immediately  adjoining  such  lot  or  lots,  then 
has  applied  to  the  Commission  of  the  City  of  Phoenix  for 
such  permission,  and  upon  good  cause  shown,  has  received 
from  the  City  Commission  such  permission  so  to  remove 
the  same/’ 

All  Ordinances  and  parts  of  Ordinances  in  conflict 
herewith  are  hereby  repealed. 

Sec.  2.  WHEREAS,  there  was  passed  and  approved 
on  the  29th  day  of  January,  1916,  a new  building  Ordi- 
nance for  the  City  of  Phoenix,  being  Ordinance  Number 
113;  and, 

WHEREAS,  it  appears  that  in  the  passage  and  ap- 
proval of  the  same  by  inadvertence  the  provisions  of  Sec- 
tion 7,  Part  2 thereof,  were  too  narrow  and  restricted  to 
properly  care  for  and  govern  cases  where  buildings  have 
been  lawfully  erected  upon  property,  and  later  the  fire 
limits  have  been  extended  to  cover  and  include  such 
property,  and  thereby  the  rights  of  the  owners  of  such 
property  and  buildings  have  been  jeopardized  and  in- 
fringed and  their  use  and  control  over  the  same  impaired, 
and  thereby  a hardship  imposed  upon  such  owners,  and 
therefore  it  is  necessary  that  the  provisions  of  said  Sec- 
tion 7,  Part  2 of  such  Ordinance  No.  113  be  modified  for 
such  cases;  and, 

WHEREAS,  the  said  Ordinance  No.  113  has  not  yet 
been  published  and  therefore  is  not  yet  in  effect,  and  it  is 
highly  desirable  that  the  whole  of  said  Ordinance,  includ- 
ing the  said  Section  7 as  amended  by  this  Ordinance,  shall 
become  operative  and  effective  at  one  and  the  same  time, 
and  it  is  therefore  urgently  necessary  for  the  immediate 
protection  of  the  public  peace,  health  and  safety,  that  this 
Ordinance  shall  become  immediately  operative  and  ef- 
fective. 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist,  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  Commission  and  ap- 
proval by  the  Mayor,  and  is  hereby  exempted  from  the 
referendum  provisions  of  the  Statutes  of  Arizona  and  of 
the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  3rd  day  of  February,  1916. 

Approved  February  3rd,  1916. 

GEORGE  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  154 

An  Ordinance  amending  Section  9,  of  Part  V,  of  Ordinance 
No.  113,  and  amending  Section  2,  of  Part  IX,  and 
Section  5,  of  Part  IX,  of  Ordinance  No.  113. 


214 


City  Ordinances 


Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Amended  by  Ordinance  305. 

Sec.  2.  That  Section  2,  of  Part  IX,  of  said  Ordi- 
nance No.  113,  be  and  the  same  is  hereby  amended  so  as 
to  read  as  follows: 

“Sec.  2.  Construction:  In  buildings  and  structures 

of  class  ‘C’  bearing  partitions  in  the  upper  two  stories 
shall  have  studs  not  less  than  two  by  four  inches,  and  the 
bearing  studs  of  all  stories  below  the  third  story  shall  be 
not  less  than  two  by  six  inches.  All  studs  and  joints  shall 
be  bridged  and  fire-stopped  as  hereinbefore  provided  for 
buildings  and  structures  of  class  ‘B.’ 

“In  buildings  and  structures  of  class  ‘C’  more  than 
two  stories  in  height,  in  which  the  upper  stories  are  divid- 
ed in  whole  or  in  part  into  rooms,  the  under  side  of  the 
second  floor  joists  and  soffits  of  all  stairs  shall  be  metal 
lathed  and  plastered;  and  all  joists  and  studs  below  said 
second  floor  shall  be  similarly  protected. 

“Provided,  however,  that  in  buildings  and  structures 
of  class  ‘C’  erected  outside  of  the  Special  and  General  Fire 
Limits,  the  provisions  of  this  section  shall  not  apply,  ex- 
cept that  in  such  buildings  and  structures  all  halls  and 
corridors  on  the  first  and  second  stories  and  the  soffits  of 
all  stairs  shall  be  plastered  on  metal  lath. 

“In  all  buildings  and  structures  of  class  ‘C’  the  ceiling 
of  every  cellar  or  basement,  the  joists  of  which  are  of 
wood,  shall  be  lathed  with  metal  lath  and  plastered. 

“In  all  buildings  and  structures  of  class  ‘C’  construc- 
tion ceilings  may  be  finished  with  stamped  metal  secured 
with  6d  nails,  provided  that  the  joists  and  girders  shall 
be  protected  by  at  least  two  layers  of  asbestoS-felt  between 
such  metal  ceilings  and  the  woodwork;  or  ceilings  may  be 
lathed  with  wood  lath  and  plastered.” 

Sec.  3.  That  Section  5,  of  Part  IX,  of  said  Ordinance 
No.  113,  be  and  the  same  is  hereby  amended  so  as  to  read 
as  follows: 

“Sec.  5.  Interior  Non-Bearing  Partitions:  Interior 

non-bearing  partitions  shall  be  constructed  as  herein  pro- 
vided for  the  construction  of  interior  non-bearing  parti- 
tions in  buildings  and  structures  of  class  ‘B,’  provided  that 
the  use  of  wood  lath  is  permitted.” 

Passed  by  the  Commission  of  the  City  of  Phoenix,  this 
20th  day  of  September,  1916. 

Approved  this  20th  dav  of  September,  1916. 

GEO.  N.  MacBEAN, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  177 

An  Ordinance  empowering  the  City  Inspector  of  Buildings 
to  grant  temporary  permits  to  use  completed  portions 
of  hotel  buildings  under  construction  or  repair,  pend- 
ing the  contraction  and  installation  of  fire  escapes. 
Be  it  ordained  by  the  Commission  of  the  City"  of 
Phoenix,  as  follows: 


City  of  Phoenix 


215 


Section  1.  That  the  City  Inspector  of  Buildings  is 
hereby  authorized  and  directed  to  grant  temporary  per- 
mits to  the  owners  or  lessees  of  hotel  buildings  now  in 
the  course  of  construction  or  repair  to  occupy  and  use 
such  parts  thereof  as  may  be  ready  for  occupancy  and 
use,  provided  that  such  portions  of  said  buildings  so  to 
be  occupied  be  provided  with  fire  escapes,  or  such  owners 
or  lessees  have  arranged  for  and  are  proceeding  to  equip 
said  portions  of  said  buildings  so  to  be  occupied  and  used 
with*  such  fire  escapes  as  may  be  required  under  the  pro- 
visions of  Ordinance  No.  113,  and  provided  further  that 
such  owners  or  lessees  shall  have  otherwise  complied 
with  the  provisions  of  said  ordinance  in  so  far  as  said 
buildings  may  have  been  completed  or  said  repairs  have 
been  finished. 

Sec.  2.  WHEREAS,  the  hotel  accommodations  of  the 
City  of  Phoenix  are  inadequate  to  care  for  the  traveling- 
public,  resulting  in  much  discomfort  and  inconvenience  to 
visitors  and  loss  to  the  City  through  the  driving  away  of 
tourists  and  others  who  might  otherwise  visit  the  City,  and 

WHEREAS,  it  is  highly  desirable  in  the  interest  of 
the  health,  comfort  and  safety  of  the  people  of  Phoenix 
that  this  ordinance  shall  become  operative  and  effective 
at  once, 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  and  is  hereby  exempted  from 
the  referendum  provisions  of  the  Statutes  of  Arizona  and 
of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
7th  day  of  February,  1917. 

Approved  this  7th  day  of  February,  1917. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  197 

An  Ordinance  amending  Section  1 of  Ordinance  No.  107, 
New  Series  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Section  1 of  Ordinance  No.  107  be  and  the  same 
is  hereby  amended  to  read  as  follows: 

Section  1.  That  all  that  portion  of  the  City  of  Phoe- 
nix within  the  following  described  boundaries,  to-wit: 
Commencing  at  the  center  line  of  Third  Street  at  the  in- 
tersection of  the  center  line  of  the  said  Third  Stre.et  with 
the  center  line  of  Jefferson  Street,  thence  north  along  the 
center  line  of  Third  Street  to  the  intersection  of  the  center 
line  of  Third  Street  with  the  center  line  of  Adams  Street, 
thence  west  along  the  center  line  of  Adams  Street  to  the 
intersection  of  the  center  line  of  Adams  Street  with  the 
center  line  of  Second  Street,  thence  north  along  the  cen- 
ter line  of  Second  Street  to  the  intersection  of  the  center 


216 


City  Ordinances 


line  of  Second  Street  with  the  center  line  of  the  alley  be- 
tween Monroe  and  Adams  Street,  thence  west  along  the 
center  line  of  said  alley  between  Monroe  and  Adams  Streets 
to  the  intersection  of  the  center  line  of  said  alley  with  the 
center  line  of  First  Street,  thence  north  along  the  center 
line  of  First  Street  to  the  intersection  of  the  center 
line  of  First  Street  with  the  center  line  of  Roosevelt  Street 
thence  west  along  the  center  line  of  Roosevelt  Street  to 
the  intersection  of  the  center  line  of  Roosevelt  Street  with 
the  center  line  of  First  Avenue,  thence  south  along  the 
center  line  of  First  Avenue  to  the  intersection  of  the  cen- 
ter line  of  First  Avenue  with  the  center  line  of  Van  Buren 
Street,  thence  west  along  the  center  line  of  Van  Buren 
Street  to  the  intersection  of  the  center  line  of  Van  Buren 
Street  with  the  center  line  of  Second  Avenue,  thence  south 
along  the  center  line  of  Second  Avenue  to  the  intersection 
of  the  center  line  of  Second  Avenue  with  the  center  line 
of  Monroe  Street,  thence  west  along  the  center  line  of 
Monroe  Street  to  the  intersection  of  the  center  line  of 
Monroe  Street  with  the  center  line  of  Third  Avenue,  thence 
south  along  the  center  line  of  Third  Avenue  to  the  inter- 
section of  the  center  line  of  Third  Avenue  with  the  center 
line  of  Adams  Street,  thence  west  along  the  center  line  of 
Adams  Street  to  the  intersection  of  the  center  line  of 
Adams  Street  with  the  center  line  of  Fourth  Avenue, 
thence  south  along  the  center  line  of  Fourth  Avenue  to 
the  intersection  of  the  center  line  of  Fourth  Avenue  with 
the  center  line  of  Jefferson  Street,  thence  east  along  the 
center  line  of  Jefferson  Street  to  the  intersection  of  the 
center  line  of  Jefferson  Street  with  the  center  line  of  Sec- 
ond Avenue,  thence  south  along  the  center  line  of  Second 
Avenue  to  the  intersection  of  the  center  line  of  Second 
Avenue  with  the  center  line  of  Madison  Street,  thence  east 
along  the  center  line  of  Madison  Street  to  the  intersection 
of  the  center  line  of  Madison  Street  with  the  center  line 
of  First  Street,  thence  north  along  the  center  line  of  First 
Street  to  the  intersection  of  the  center  line  of  First  Street 
with  the  center  line  of  Jefferson  Street  thence  east  along 
the  center  line  of  Jefferson  Street  to  the  intersection  of 
the  center  line  of  Jefferson  Street  with  the  center  line  of 
Third  Street  being  the  place  of  beginning  shall  be  and 
constitute  the  Special  Fire  Limits  District  of  the  City  of 
Phoenix. 

Sec.  2.  WHEREAS,  the  immediate  operation  of  this 
ordinance  is  necessary  for  the  preservation  of  the  public 
peace,  health  and  safety,  an  emergency  is  hereby  declared 
to  exist,  and  this  ordinance  shall  be  in  full  force  from  and 
after  its  passage  by  the  Commission  and  approval  by  the 
Mayor,  and  is  hereby  exempt  from  the  referendum  provi- 
sion of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  10th  day  of  September,  1917. 

Approved  10th  of  September,  1917. 

JAMES  A JONES, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


City  of  Phoenix 


217 


ORDINANCE  NO.  198 

An  Ordinance  amending  Section  7,  of  Part  1,  of  Ordi- 
nance No.  113,  New  Series,  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Section  7 of  Part  1 of  Ordinance  No.  113,  New 
Series,  of  the  City  of  Phoenix,  be  amended  so  as  to  read 
as  follows: 

Section  1.  Discretionary  Powers  of  the  Inspector: 
The  City  Inspector  of  Buildings  shall  have  power  to  de- 
termine all  questions  relating  to  the  mode  and  manner  of 
construction  or  materials  used  in  the  erection,  alteration 
or  repair  of  any  building  or  structure  provided  for  in  this 
ordinance,  and  to  make  any  such  erection,  alteration  or 
repairs  conform  to  the  true  intent  and  meaning  of  the 
several  provisions  thereof.  He  shall  have  discretionary 
power  to  dispense  with  the  strict  enforcement  of  the  pro- 
visions of  this  ordinance  upon  application  therefor,  in 
writing,  in  all  cases  of  alterations  or  repairs  of  old  build- 
ings, or  the  use  of  party  walls  belonging  to  different  own- 
ers, when  the  same  cannot  be  taken  down  and  when  there 
are  practical  difficulties  in  the  way  of  carrying  out  the 
strict  letter  of  this  ordinance,  so  that  the  spirit  of  the 
ordinance  may  be  complied  with,  the  public  safety  secured, 
and  substantial  justice  done.  But  no  such  deviation  shall 
be  allowed  except  the  same  be  in  writing  and  a record 
thereof  made' and  kept  by  the  said  City  Inspector  of  Build- 
ings and  a permit  issued  to  the  parties  applying  for  same. 
He  shall  have  further  power  to  modify  the  provisions  of 
this  ordinance  with  respect  to  one-story  private  dwellings 
located  within  the  fire  limits  in  the  following  particulars: 

(a)  Exterior  walls  may  be  constructed  of  masonry 
eight  inches  thick  or  of  metal  studs  with  metal  lath  and 
cement  plaster. 

(b)  Fire  walls  may  be  omitted. 

Sec.  2.  WHEREAS,  the  immediate  operation  of  this 
ordinance  is  necessary  for  the  preservation  of  the  public 
peace,  health  and  safety,  an  emergency  is  hereby  declared 
to  exist,  and  this  ordinance  shall  be  in  full  force  from 
and  after  its  passage  by  the  Commission  and  approval  by 
the  Mayor,  and  is  hereby  exempt  from  the  referendum 
provision  of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  10th ‘day  of  September,  1917. 

Approved  this  10th  day  of  September,  1917. 

JAMES  A.  JONES, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  199 

An  Ordinance  amending  Sub-Section  “B”  and  Sub-Section 
“D”  of  Section  1 of  Ordinance  No.  42,  New  Series, 
of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 


218 


City  Ordinances 


That  Sub-section  “B”  and  Sub-section  “D”  of  Section 
1 of  Ordinance  No.  42,  New  Series,  of  the  City  of  Phoe- 
nix, be  amended  so  as  to  read  as  follows: 

(B)  Section  1.  One-Story  Sheds,  Confined  in  the 
Rear  Half  of  the  Property,  not  abutting  on  a street  and 
not  nearer  than  twenty  feet  to  any  other  building  or 
structure. 

Such  sheds  must  not  be  over  fifteen  feet  in  heighf 
to  the  highest  point  of  the  roof.  The  posts,  plates,  raf- 
ters, and  general  framework  of  such  sheds  may  be  of 
wood.  If  sides  or  roof  are  covered,  such  covering  must 
be  of  iron  or  other  incombustible  material  approved  by  the 
City  Inspector  of  Buildings.  The  use  of  wood  sheathing, 
siding  or  ceiling,  is  prohibited.  Sheds  must  have  no  in- 
terior finish,  such  as  wainscoting,  ceiling  and  the  like. 
Such  sheds  shall  be  used  solely  as  outhouses,  workshops  or 
for  similar  purposes,  it  being  the  intent  of  this  ordinance 
to  prohibit  the  use  of  such  sheds  as  dwellings,  stores,  res- 
taurants, or  for  conducting  any  other  business  not  ordi- 
narily conducted  in  a shed.  A wooden  fence  shall  not  be 
used  to  form  the  back  or  sides  of  such  sheds.  If  such 
sheds  are  entirely  enclosed  they  may  be  built  with  an  area 
not  to  exceed  two  hundred  and  fifty  square  feet  in  the 
Special  Fire  Limits,  and  not  to  exceed  five  hundred  square 
feet  in  the  General  Fire  Limits.  If  such  sheds  are  open  on 
one  or  more  sides,  including  the  long  side,  they  may  be 
built  with  a floor  area  not  to  exceed  five  hundred  square 
feet  in  the  Special  Limits  only.  In  the  General  Fire  Lim- 
its such  sheds,  with  at  least  three  sides  open  may  exceed 
five  hundred  square  feet  in  area  and  shall  not  be  confined 
to  the  rear  half  of  the  lot. 

(D)  Screened  Sleeping  Rooms:  Subject  to  the  ap- 

proval of  the  City  Inspector  of  Buildings,  screened  enclo- 
sures to  be  used  for  sleeping  purposes  only  may  be  erected 
within  the  Fire  Limits,  provided  such  structures  do  not 
exceed  six  hundred  square  feet  in  area  and  twelve  feet 
in  height,  and  do  not,  in  the  opinion  of  the  City  Inspector 
of  Buildings,  constitute  an  undue  fire  hazard.  If  the  roof 
is  covered  with  canvas,  the  entire  framework  of  the  struc- 
ture must  be  of  metal.  If  covered  with  corrugated  iron 
or  other  material  approved  by  the  City  Inspector  of  Build- 
ings, such  structures  may  be  built  with  substantial  wood 
framing. 

Sec.  2.  WHEREAS,  the  immediate  operation  of  this 
ordinance  is  necessary  for  the  preservation  of  the  public 
peace,  health  and  safety,  an  emergency  is  hereby  declared 
to  exist,  and  this  ordinance  shall  be  in  full  force  from 
and  after  its  passage  by  the  Commission  and  approval  by 
the  Mayor,  and  is  hereby  exempt  from  the  referendum 
provision  of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  10th  day  of  September,  1917. 

JAMES  A.  JONES, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


City  of  Phoenix 


219 


ORDINANCE  NO.  207 

An  Ordinance  amending  Section  8,  of  Part  1,  of  Ordi- 
nance No.  113. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Section  8,  of  Part  1,  of  Ordinance 
No.  113,  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows: 

“Sec.  8.  Appeal  to  Arbitration:  In  any  case  where 

discretionary  powers  are  by  this  ordinance  given  to  the 
City  Inspector  of  Buildings,  at  the  option  of  the  party 
complaining,  an  appeal  to  the  arbitration  shall  be  allowed 
to  such  party  from  the  decision  of  the  City  Inspector  of 
Buildings,  as  follows,  to-wit: 

“Persons  wishing  to  take  such  an  appeal  shall  do  so 
within,  but  not  later  than,  five  days  after  written  notice 
of  the  decision  or  order  of  the  City  Inspector  of  Buildings 
has  been  given. 

“Requests  for  arbitration  shall  be  in  writing,  and 
shall  state  the  object  of  the  proposed  arbitration  and  the 
name  of  the  person  who  is  to  represent  the  appellant  as 
arbitrator.  The  City  Inspector  of  Buildings  shall  there- 
upon state  to  the  appellant  the  cost  of  such  arbitration 
and  such  appellant  shall,  within  twenty-four  hours  from 
the  time  of  filing  the  original  request  for  arbitration,  de- 
posit with  the  City  Inspector  of  Buildings  the  sum  of 
money  required  for  defraying  the  expenses  of  the  same, 
which  sum  shall  in  each  case  be  fixed  by  said  City  Inspec- 
tor of  Buildings  in  proportion  to  the  difficulty  and  im- 
portance of  the  case,  but  in  no  case  shall  be  more  than 
the  cost  of  similar  service  in  the  course  of  ordinary  busi- 
ness of  private  individuals  or  corporations.  As  soon  as 
such  sum  of  money  shall  have  been  deposited  with  him, 
the  City  Inspector  of  Buildings  shall  appoint  an  arbitrator 
to  represent  the  City,  and  the  two  arbitrators  thus  ap- 
pointed shall,  if  they  cannot  agree,  select  a third  arbitra- 
tor. The  arbitrators  shall,  after  investigating  the  matter 
in  person,  make  their  decision  in  writing  in  regard  to  the 
case.  A majority  report  of  the  arbitrators  shall  be  final 
and  binding  upon  the  appellant  as  well  as  upon  the  City. 

“The  arbitrators  shall,  before  entering  upon  the  dis- 
charge of  their  duties,  be  placed  under  oath  to  the  effect 
that  they  are  unprejudiced  as  to  the  matter  of  the  con- 
troversy, and  have  no  interest,  pecuniary  or  otherwise,  in 
the  result  thereof  and  that  they  will  faithfully  discharge 
the  duties  of  their  position. 

“The  arbitrators  shall  have  the  power  to  call  wit- 
nesses and  place  them  under  oath,  and  their  decision  or 
award  shall  be  rendered  in  duplicate  in  writing,  one  to 
the  City  Inspector  of  Buildings  and  one  to  the  appellant. 

“The  fee  deposited  with  the  City  Inspector  of  Build- 
ings shall  be  paid  by  the  City  Inspector  of  Buildings  to  the 
arbitrators  upon  the  rendering  of  their  report,  and  shall 
be  in  full  of  all  costs  incident  to  the  arbitration. 

“Should  the  report  of  the  arbitrators  be  in  favor  of 
^he  appellant  or  a compromise,  said  appellant  shall  be  re- 


220 


City  Ordinances 


imbursed  from  the  general  fund  of  the  City  of  Phoenix 
in  an  amount  not  exceeding  the  amount  of  fee  deposited 
by  him/' 

Provided,  that  whenever  the  City  Inspector  of  Build- 
ings shall  deem  any  matter  or  matters  in  controversy,  from 
which  an  appeal  may  be  taken  as  hereinbefore  provided, 
of  sufficient  importance  to  justify  a resort  to  arbitration, 
he  may,  with  the  consent  of  the  City  Manager,  accede  to  a 
request  for  such  arbitration  after  the  time  has  expired 
for  the  taking  of  such  appeal,  in  which  event  such  arbi- 
tration shall  be  had  as  near  as  may  be  in  the  same  manner 
and  with  like  effect  as  hereinbefore  provided. 

Sec.  2.  WHEREAS,  it  appears  that  important  alter- 
ations and  repairs  have  been  ordered  in  a number  of  the 
theatres  of  the  City  by  the  City  Inspector  of  Buildings, 
the  necessity  and  reasonableness  of  which  have  been  drawn 
in  controversy,  and  which  are  proper  matters  to  be  sub- 
mitted to  arbitration,  as  hereinbefore  provided,  and  where- 
as, the  safety  and  welfare  of  the  public  require  that  such 
arbitration  shall  be  had  as  speedily  as  possible  to  the  end 
that  such  of  said  orders  of  said  City  Inspector  of  Build- 
ings as  may  be  found  necessary  or  proper  may  be  speedily 
put  into  effect  an  emergency  is  hereby  declared  to  exist 
and  this  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  by  the  City  Commission  and  ap- 
proval by  the  Mayor,  and  it  is  hereby  exempt  from  the 
referendum  provisions  of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
2nd  day  of  January,  1918. 

Approved  this  2nd  day  of  January,  1918. 

JAMES  A.  JONES, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  226 

An  Ordinance  amending  Section  7,  of  Part  11,  of  Ordi- 
nance No.  113,  New  Series,  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Section  7,  Part  11,  of  Ordinance  No.  113  of 
the  City  of  Phoenix  be,  and  the  same  is  hereby  amended 
to  read  as  follows: 

“Sec.  7.  Exposure  and  Courts:  The  walls  contain- 

ing the  main  entrance  to  any  theater  or  public  assembly 
hall  shall  abut  on  a street.  The  lobby  or  passageway 
leading  from  the  main  entrance  to  the  main  auditorium 
doors  shall  not  be  longer  than  fifty  feet  nor  more  than 
three  times  its  width,  unless  it  be  enclosed  with  unpierced 
fireproof  ceiling  and  floor  and  with  an  unpierced  division 
wall  on  each  side.  Every  theatre  or  private  assembly 
hall  seating  not  more  than  three  hundred  persons  shall 
also  have  the  rear  or  one  side  wall  abutting  on  the  street, 
alley  or  open  court  not  less  than  five  feet  In  unobstructed 
width. 


City  of  Phoenix 


221 


‘‘Every  theater  seating  more  than  three  hundred  per- 
sons shall  have  at  least  three  walls  abutting  on  streets, 
alleys  or  open  courts.  The  width  of  every  such  open 
court  shall  be  at  least  seven  feet  if  the  total  seating 
capacity  is  not  over  1000  persons  and  shall  be  increased 
at  the  rate  of  one  foot  per  500  persons  additional.  But 
if  the  auditorium  be  not  more  than  60  feet  long,  and  each 
aisle  leads  in  a straight  line  to  an  exit  at  the  rear,  then 
no  side  court  will  be  required. 

“Every  such  court  shall  lead  to  a thoroughfare,  either 
directly  or  through  a passageway  of  equal  width,  nqt  less 
than  eight  feet  in  height,  and  having  unpierced  division 
walls.  No  such  court  or  passageway  shall  be  used  for 
storage  or  any  other  purpose  whatsoever,  except  for  egress 
and  ingress. 

“Provided  that,  in  buildings  used  for  motion  picture 
shows  and  having  no  stage,  the  exits  and  courts  above  re- 
quired may  be  replaced  by  equivalent  exits  and  courts  at 
the  rear,  if  consistent  with  the  adequate  distribution  of 
the  entire  entrance  and  exit  facilities.” 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
12th  day  of  June,  1918. 

Approved  this  12th  day  of  June,  1918. 

C.  H.  DUNLAP, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  244 

An  Ordinance  amending  Section  1,  Part  XI,  of  Ordinance 

No.  113,  New  Series,  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Section  1 of  Part  XI  of  Ordinance 
No.  113  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows: 

“Section  1.  Garages:  All  buildings  and  structures 

hereafter  erected  and  all  buildings  and  structures  altered 
or  changed,  so  as  to  be  occupied  as  public  garages,  for  the 
purpose  of  storing  or  housing  automobiles,  shall  be  of 
Class  A,  B,  or  C construction;  the  flooring  of  the  first 
floor  thereof  shall  be  of  concrete. 

“No  part  of  any  building  or  structure  used  as  a hotel, 
apartment  house,  rooming  house  or  lodging  house  shall 
be  used  as  a public  garage  for  the  purpose  of  storing  or 
housing  automobiles,  unless  the  part  of  the  building  used 
as  a public  garage  for  the  purpose  of  storing  or  housing 
automobiles  be  separated  from  the  remainder  of  the  build- 
ing by  tight  unpierced  fire  walls  and  approved  fire  resis- 
tive floors. 

“All  gasoline  stored  in  tanks  outside  the  walls  of  any 
buildings  or  structures  and  under  the  sidewalk,  shall  be  in 
tanks  approved  by  the  National  Board  of  Fire  Under- 
writers; no  one  tank  shall  contain  more  than  300  gallons 
of  gasoline.  Not  more  than  four  tanks  of  gasoline,  in  the 


222 


City  Ordinances 


aggregate,  shall  be  allowed  to  be  stored  in  any  one  private 
garage.  Any  such  storage  tank  shall  only  be  installed  by 
and  with  the  written  consent  of  the  City  Inspector  of 
Buildings.” 

Sec.  2.  All  ordinances  and  parts  of  ordinances  in 
conflict  with  the  provisions  of  this  ordinance,  or  any  sec- 
tion or  part  thereof,  are  hereby  repealed. 

Sec.  3.  This  ordinance  shall  be  in  force  and  effect 
thirty  days  after  its  passage  by  the  City  Commission,  ap- 
proval by  the  Mayor  and  publication  and  posting  as  re- 
quired by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  5th  day  of  February,  1919. 

Approved  this  5th  day  of  February,  1919. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 

I hereby  certify  that  the  above  and  foregoing  Ordi- 
nance No.  244  was  passed  by  the  Commission  of  the  City 
of  Phoenix  at  a meeting  held  February  5,  1919,  and  that 
a quorum  was  present  thereat;  that  said  Ordinance  was 
duly  published  in  the  Arizona  Republican,  the  official 
newspaper  of  said  City,  and  posted  on  the  bulletin  board 
at  the  entrance  to  the  City  Hall,  as  required  by  law. 

(Published  February  6,  1919.) 


ORDINANCE  NO.  255 

An  Ordinance  prohibiting  the  erection  of  buildings  or 
structures  for  the  purpose  of  a store  building,  lunch 
counter,  soft  drink  stand,  automobile  service  station, 
garage  or  repair  shop,  wash  rack,  corral,  sanitarium, 
sanatorium,  or  for  any  manufactory,  occupation  or 
trade  which  may  be  offensive  to  the  inhabitants  in 
the  vicinity,  in  residence  districts  in  which  two-thirds 
of  the  buildings  are  used  for  residential  purposes, 
without  first  obtaining  the  written  consent  of  two- 
thirds  of  the  owners  of  all  the  property  improved  or 
used  for  residential  purposes  within  a distance  of  500 
feet  from  the  proposed  building  or  structure,  and  re- 
quiring such  consent  to  be  filed  with  the  City  Build- 
ing Inspector  before  a permit  shall  be  issued. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  No  building  or  structure  for  the  purpose 
of  a store  building,  lunch  counter,  restaurant,  soft  drink 
stand,  or  for  an  automobile  service  station,  garage  or  re- 
pair shop,  wash  rack,  corral,  or  for  a sanitarium  or  sana- 
torium, or  for  any  manufactory,  occupation  or  trade  which 
may  be  offensve  to  the  inhabitants  residing  in  the  vicin- 
ity, shall  be  erected  in  any  residence  district  within  the 
city  in  which  two-thirds  of  the  buildings  within  a distance 
of  500  feet  from  the  proposed  building  or  structure  are 
used  for  residence  purposes,  without  the  written  consent 
of  the  owners  of  two-thirds  of  all  the  property  improved 


City  of  Phoenix 


223 


or  used  for  residence  purposes  within  said  distance  of  500 
feet  from  the  proposed  building  or  structure. 

Such  consent,  together  with  the  plans  and  specifica- 
tions for  the  proposed  building  or  structure,  shall  be  filed 
with  the  City  Inspector  of  Buildings  before  a building- 
permit  for  the  proposed  building  or  structure  shall  be 
issued. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  23rd  day  of  April,  1919. 

PETER  CORPSTEIN, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  305 

An  Ordinance  amending  Section  1 of  Ordinance  No.  154, 
New  Series,  of  the  City  of  Phoenix,  repealing  Sec- 
tion 9 of  Part  V of  Ordinance  No.  113,  and  Section 
15  of  Part  XII  of  Ordinance  No.  113,  New  Series, 
of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Section  1 of  ordinance  numbered 
154,  New  Series,  of  the  City  of  Phoenix,  be  and  the  same 
is  hereby  amended  to  read  as  follows: 

“Thickness  of  Exterior  Walls  of  Masonry  Buildings: 
Every  exterior  bearing  wall  of  any  .masonry  building  or 
structure  shall  be  built  to  conform  to  the  following  sched- 
ule, except  as  otherwise  provided  for  in  this  ordinance. 
Thickness  given  in  inches: 

Schedule  No.  1 
Dwelling  Houses 

10 


Stories — 

1 

2 

3 

4 

5 

6 

7 

8 

9 

1 

8 

2 

.....12 

8 

3 

.....12 

12 

8 

4 

.....16 

12 

12 

8 

5 

.....16 

16 

16 

12 

"8 

6 

16 

16 

16 

12 

12 

8 

7 

20 

16 

16 

16 

12 

12 

8 

8 

20 

20 

20 

16 

16 

12 

12 

8 

9 

20 

20 

20 

16 

16 

16 

12 

12 

8 

10  

24  20  20  20  16  16 

Schedule  No.  2 
Business  and  Warehouse 

16 

12 

12 

Stories — 

1 

2 

3 

4 

5 

6 

7 

8 

9 

1 

12 

2 

12 

12 

3 

16 

12 

12 

4 

16 

16 

12 

12 

5 

20 

16 

16 

12 

12 

. 6 

24 

20 

20 

16 

16 

12 

7 

24 

24 

20 

20 

16 

16 

12 

8 

28 

24 

24 

20 

20 

16 

16 

12 

9 

28 

28 

24 

24 

20 

20 

16 

16 

12 

10 

32 

28 

28 

24 

24 

20 

20 

16 

16 

10 


12 


224 


City  Ordinances 


“Provided,  however,  that  residences  erected  within 
either  of  the  fire  limits  shall,  if  one  story  in  height,  be 
four  inches  greater  in  thickness  than  schedule,  and  if 
over  one  story  the  top  shall  not  be  less  than  twelve  inches 
in  thickness;  also  any  building,  if  one  story  in  height  and 
of  a floor  area  not  to  exceed  two  hundred  and  fifty 
square  feet,  in  the  special  fire  limits,  and  five  hundred 

square  feet  in  the  general  fire  limits,  the  exterior  wall 

may  be  eight  inches  in  thickness. 

“And  further  provided,  that  in  any  building  erected 
outside  the  fire  limits,  of  the  business  or  warehouse  class, 
the  top  story  may  be  four  inches  less  than  Schedule  2.” 

Sec.  2.  That  Section  9 of  Part  V of  ordinance 

numbered  113,  New  Series,  of  the  City  of  Phoenix,  and 

Section  15  of  Part  XII  of  ordinance  numbered  113,  New 
Series,  of  the  City  of  Phoenix,  be  and  the  same  are  hereby 
repealed. 

Sec.  3.  WHEREAS,  it  is  necessary  to  the  public 
peace,  health  and  safety  of  the  City  of  Phoenix  that  this 
Ordinance  take  immediate  effect,  an  emergency  is  here- 
by declared  to  exist,  and  this  Ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  by  the  Com- 
mission, posting  and  publication  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  24th  day  of  September,  1919. 

Approved  this  24th  day  of  September,  1919. 

C.  W.  BARNETT, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  413 
Amended  by  Ordinance  472 


ORDINANCE  NO.  440 

An  Ordinance  prohibiting  the  erection  of  tents,  tent- 
houses  and  similar  structures  within  the  City  of 
Phoenix,  providing  a penalty,  with  an  emergency 
clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to 
erect  within  the  corporate  limits  of  the  City  of  Phoenix, 
any  tent,  tent-house  or  similar  structure,  or  to  use  the 
same  for  dwelling,  sleeping  or  storage  purposes. 

Sec.  2.  Any  person  violating  the  provisions  of  this 
Ordinance  shall  be  deemed  guilty  of  a misdemeanor  and 
upon  conviction  shall  be  punished  by  a fine  not  to  exceed 
Twenty-five  ($25  00)  Dollars  or  by  imprisonment. 

Sec.  3.  WHEREAS,  there  is  no  adequate  provision 
for  the  restriction  of  dangerous  and  inflammable  struc-. 
tures  in  the  City  of  Phoenix;  and 

WHEREAS,  it  is  necessary  to  the  public  peace,  health 
and  safety  that  such  restrictions  become  immediately  op- 
erative, 


City  of  Phoenix 


225 


Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  Commission,  approval 
by  the  Mayor  and  posting  and  publication  as  by  law  re- 
quired. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  15th  day  of  December,  1920. 

Approved  this  15th  day  of  December,  1920. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  443 

An  Ordinance  regulating  the  business  of  dry  cleaning  and 

providing  for  the  storage  of  gasoline,  naptha,  ben- 
zine, benzol  and  other  volatile  oils  used  in  such  busi- 
ness in  the  City  of  Phoenix,  Arizona. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Definitions:  The  term  “gasoline,”  “nap- 

tha,” “benzine,”  or  “benzol,”  whenever  used  herein,  shall 
mean  any  product  of  petroleum  or  any  hydrocarbon  liquid 
that  will  flash  or  emit  inflammable  vapor  below  the  tem- 
perature of  one  hundred  and  ten  (110)  degrees  Fahren- 
heit. 

(a)  “Approved”  shall  mean  approved  by  the  City 
Inspector  of  Buildings  and  the  Chief  of  the  Fire  Depart- 
ment. 

(b)  “The  business  of  dry  cleaning”  shall  mean  any 
building  or  premises  where  more  than  one  (1)  gallon  of 
gasoline,  naptha,  benzine,  benzol  or  other  volatile  oils  is 
kept  or  stored  to  be  used  for  cleaning  or  renovating  any 
clothing  or  article  of  wearing  apparel  or  fabric  of  any 
kind. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  engage  in  or  carry  on  within  the  City  of 
Phoenix  the  business  of  dry  cleaning  in  which  gasoline, 
naptha,  benzine,  benzol  or  other  volatile  oils  are  used  to 
clean  or  renovate  any  clothing  or  articles  of  wearing  ap- 
parel, or  any  fabric  of  any  kind,  without  first  obtaining  a, 
license,  as  hereinafter  provided,  for  each  dry  cleaning  es- 
tablishment proposed  to  be  conducted  by  such  person, 
firm  or  corporation. 

Sec.  3.  Application  for  such  license  shall  be  made 
in  writing  to  the  City  Manager  of  the  City  of  Phoenix  and 
shall  contain  the  name  of  the  applicants,  if  an  individual 
or  partnership,  and  the  names  of  the  principal  officers,  if 
a corporation ; the  location  at  which  it  is  desired  or  in- 
tended to  carry  on  such  business  and  a brief  description  of 
the  building  and  surroundings  where  such  business  is  to 
be  located. 

Every  such  application  shall  be  approved  by  the 
Building  Inspector  and  Chief  of  the  Fire  Department,  of 
the  City  of  Phoenix,  before  a license  shall  be  issued.  If  it 


226 


City  Ordinances 


shall  appear  to  the  City  Manager  from  the  application  so 
filed  and  approved  that  the  premises  in  which  the  appli- 
cant purposes  to  carry  on  or  conduct  a dry  cleaning  busi- 
ness conforms  to  the  requirements  of  this  Ordinance,  he 
shall  grant  the  same,  whereupon  the  City  Assessor  and  ex- 
officio  City  Collector  shall  thereupon  issue  to  such  appli- 
cant a license,  authorizing  such  applicant  to  engage  in  or 
carry  on  the  business  of  dry  cleaning  at  the  place  desig- 
nated in  the  application. 

Sec.  4.  Every  building  used  or  intended  to  be  used 
for  the  purpose  of  conducting  or  carrying  on  the  business 
of  dry  cleaning,  as  defined  in  this  Ordinance,  shall  be 
constructed  and  equipped  according  to  the  following  speci- 
fications: 

Every  such  building  shall  be  built  of  brick,  stone,  or 
concrete,  with  no  basement,  and  shall  not  exceed  one 
story  in  height.  The  floor  of  such  building  shall  not  be 
higher  than  the  surface  of  the  ground  surrounding  such 
building  and  shall  be  so  laid  that  there  shall  be  no  space 
underneath  the  same.  The  floor  shall  be  of  concrete  con- 
struction. The  supports  in  cleaning  room  shall  be  of 
mill  construction  or  steel  construction,  and  the  roof  of 
sheet  iron,  steel  or  fireproof  material. 

Every  such  building  shall  be  detached  from  all  other 
buildings  or  shall  be  separated  therefrom  by  a fire  wall. 
The  walls  of  such  buildings  shall  be  not  less  than  eight 
(8)  inches  thick  and  shall  have  vent  holes  at  the  floor 
not  less  than  thirty  (30)  square  inches  in  area,  and  not 
more  than  six  (6)  feet  apart;  said  vent  holes  shall  be 
protected  by  fine  screen  wire  on  the  inside  of  such  walls 
and  by  screen  of  large  mesh  on  the  outside  of  such  walls. 
All  windows  in  cleaning  room  shall  have  metal  shutters. 

Such  dry  cleaning  room  shall  be  further  ventilated 
by  means  of  an  exhaust  fan  of  sufficient  capacity  to 
change  the  air  in  the  room  every  three  minutes,  and  shall 
be  kept  in  operation  at  all  times  during  working  hours. 
Such  exhaust  fan  shall  be  located  at  or  near  the  floor  level 
in  the  wall  farthest  away  from  the  vent  holes  in  outside 
wall.  All  doors  in  such  building  shall  be  fire  doors. 

Every  dry  cleaning  plant  equipped  with  a steam  boil- 
er of  sufficient  capacity  to  admit  of  flooding  the  dry 
cleaning  room  with  steam  in  case  of  fire  shall  be  equipped 
with  a line  of  two  (2)  inch  pipe  leading  from  the  boiler, 
and  having  down  spouts  directly  over  the  washers  and 
extractors.  The  valves  operating  such  lines  of  pipe  shall 
be  in  every  case  placed  outside  of  the  cleaning  room. 
The  boiler  used  for  generating  steam  for  such  plant  shall 
be  in  all  cases  located  in  a separate  building  or  separated 
therefrom  by  firewalls,  and  so  situated  that  the  line  of 
travel  for  gases  between  boiler  and  the  nearest  opening 
into  the  dry  cleaning  room  shall  be  not  less  than  twenty 
(20)  feet,  and  whenever  electrical  power  is  used,  the  elec- 
tric motor  furnishing  such  power  shall  be  located  outside 
of  cleaning  room.  If  a dry  room  tumbler  or  dry  room  is 
used,  it  must  be  placed  in  a separate  room  or  building 
from  the  cleaning  room. 

In  every  dry  cleaning  plant  not  equipped  with  a 


City  of  Phoenix 


227 


steam  boiler  of  sufficient  capacity  to  admit  of  flooding 
the  dry  cleaning  room  with  steam  in  case  of  fire,  there 
shall  be  located  at  convenient  points  in  the  room,  where 
they  will  be  readily  accessible,  metal  pails,  of  not  less 
than  three  (3)  gallon  capacity,  filled  with  dry  sand,  three 
pails  for  each  one  thousand  (1000)  square  feet  of  floor 
area  or  fraction  thereof;  but  no  building  to  have  less 
than  five  (5)  of  said  pails  of  sand. 

Every  dry  cleaning  room  shall  be  lighted  by  incan- 
descent lamps  protected  by  vapor  tight  outer  globes  and 
controlled  by  outside  switches.  No  open  light  or  flame 
of  any  kind  whatsoever  shall  be  allowed  or  used. 

Sec.  5.  Tanks  for  the  storage  of  any  one  or  more 
of  the  oils  or  fluids  mentioned  in  Section  1 of  this  Ordi- 
nance must  be  placed  outside  of  the  building  used  for 
such  dry  cleaning  establishment,  and  must  be  of  steel 
not  less  than  twelve  (12)  gauge.  The  top  of  the  tank 
must  be  buried  at  least  four  (4)  feet  below  the  surface 
of  the  ground.  All  tanks  shall  have  a vent  pipe  to  run 
from  the  top  of  the  tank  to  a height  of  at  least  fifteen 
(15)  feet.  The  tank  vent  pipe  shall  terminate  in  a tee; 
pumps  for  the  removal  of  the  contents  of  any  such  tanks 
may  be  placed  inside  the  building.  All  gasoline  used  in 
such  buildings  shall  be  conveyed  to  and  from  the  washers 
through  closed  metal  pipe.  No  open  troughs  shall  be  per- 
mitted. There  shall  be  no  open  piping  or  connection 
whereby  any  of  the  oils  or  fluids  mentioned  in  this  Ordi- 
nance may  flow  from  the  cleaning  room  into  any  public, 
or  private  sewer,  drain  or  pit. 

Sec.  6.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  carry  on  or  conduct  the  business  of  dry 
cleaning,  as  hereby  defined,  in  any  tenement  house  or 
building,  any  portion  of  which  is  used  as  a sleeping  apart- 
ment or  dwelling  place.  No  person  shall  be  permitted  to 
sleep  in  any  dry  cleaning  room. 

Sec.  7.  All  dry  cleaning  washings  shall  be  carried 
on  in  closed  machines,  which  shall  be  fluid  tight.  Wash- 
ers shall  be  grounded  by  at  least  No.  10  copper  wire. 

Sec.  8.  It  shall  be  the  duty  of  the  Fire  Chief  of 
the  City  of  Phoenix  to  inspect  each  dry  cleaning  estab- 
lishment situated  within  the  City  of  Phoenix  at  least  once 
every  thirty  (30)  days  during  the  fiscal  year.  The  Fire 
Chief  is  hereby  given  authority  to  enter  upon  the  prem- 
ises occupied  or  used  by  such  establishment,  and  to  have 
each  and  every  one  of  the  machines,  apparatus,  piping, 
tanks,  receptacles,  and  material  used  in  connection  with 
the  said  establishment  inspected,  and  to  enforce  the  re- 
quirements and  regulations  set  forth  in  this  Ordinance 
relative  to  the  handling,  storage  and  care  of  the  same, 
and  he  shall  have  authority  to  demand  the  compliance 
with  the  requirements  of  this  Ordinance  in  connection 
with  the  conduct  of  s&id  business  or  the  handling  of  any 
material,  apparatus,  fixtures  or  other  property  used  in 
connection  with  such  establishment,  and  shall  also  report 
to  the  City  Manager  the  demands  or  requests  made  by 
him  on  such  establishment  for  the  carrying  into  effect  of 
the  requirements  of  this  Ordinance. 


228 


City  Ordinances 


If,  after  such  investigation  and  inspection  by  the  Fire 
Chief,  the  proprietor  or  manager  of  such  establishment 
shall  not,  within  five  (5)  days  after  notification  by  the 
Fire  Chief  of  what  should  be  done  in  order  to  comply 
with  the  requirements  of  this  Ordinance  by  such  establish- 
ment, comply  with  the  directions  and  requests  of  the  Fire 
Chief,  the  Fire  Chief  shall  report  such  delinquency  to  the 
City  Manager,  who  may  thereupon  order  the  cancellation 
of  the  license  herein  provided  for. 

Sec.  9.  It  shall  be  unlawful  for  any  person  to  ignite 
any  match,  pipe,  cigar  or  cigarette  in  any  clothes  cleaning 
establishment  or  to  carry  or  introduce  therein  any  open 
flame  or  glowing  coals.  The  proprietor  or  manager  of 
each  and  every  clothes  cleaning  establishment  shall  dis- 
play in  each  room  thereof,  in  a conspicuous  place,  a sign 
in  letters  not  less  than  two  inches  in  height  consisting  of 
the  following  legend: 

“No  Smoking  in  This  Room:  Smoking  Forbidden 
By  Ordinance  of  the  City  of  Phoenix.” 

Sec.  10.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  or  failing  to  comply  with  all  reason- 
able orders  of  the  Chief  of  the  Fire  Department  given 
under  the  authority  vested  in  him  by  this  Ordinance,  or 
commencing  or  carrying  on  the  business  of  cleaning 
clothes  or  other  fabrous  material  without  having  first  ob- 
tained a license  therefor,  shall  be  deemed  guilty  of  a mis- 
demeanor and  upon  conviction  thereof  shall  be  punished 
by  a fine  not  to  exceed  Three  Hundred  ($300.00)  Dollars, 
or  by  imprisonment  in  the  City^Jail  for  a period  not  to 
exceed  One  Hundred  Eighty  (ISO)  Days,  or  by  both  such 
fine  and  imprisonment. 

Sec.  11.  The  provisions  of  this  Ordinance  shall  take 
effect  and  be  in  force  from  and  after  the  first  day  of 
July,  1921. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  29th  day  of  December,  1920. 

Approved  this  29th  day  of  December,  1920. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  446 

An  Ordinance  prohibiting  motion  picture  film  exchanges 
within  the  special  or  general  fire  limits  of  the  city 
and  providing  for  the  regulation  of  the  keeping, 
storing  and  handling  of  such  films  within  the  city. 
Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  firm, 
association  or  corporation  to  keep,  maintain  or  operate 
within  either  the  special  or  general  fire  limits  of  the  City 
any  motion  picture  film  exchange  or  other  place  where 
more  than  twenty  thousand  feet  of  motion  picture  reels 
of  film  shall  be  kept,  stored  or  handled. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  firm, 


City  of  Phoenix 


229 


association  or  corporation  to  keep  or  store  more  than  twen- 
ty thousand  feet  of  motion  picture  reels  of  film  at  any 
one  time  in  any  place  within  the  City  where,  by  the  pro- 
visions of  Section  1 hereof,  such  keeping  or  storage  is 
permitted  without  first  applying  for  and  obtaining  a per- 
mit as  hereinafter  provided. 

Sec.  3.  The  City  Building  Inspector  shall,  with  the 
approval  of  the  City  Manager,  adopt  regulations  governing 
the  keeping,  storage  and  handling  of  motion  picture  films 
within  the  City  by  persons,  firms,  associations  or  corpora- 
tions who  may,  under  the  terms  of  this  Ordinance,  keep, 
store  or  handle  such  films.  Such  regulations  shall  be  such 
as  have  been  adopted  by  the  National  Board  of  Fire 
Underwriters,  except  as  the  same  may  be  modified  in  view 
of  local  conditions. 

No  person,  firm,  association  or  corporation  shall  keep 
or  store  more  than  twenty  thousand  feet  of  motion  picture 
films  at  any  one  place  within  the  City,  where,  by  the  pro- 
visions of  Section  1 hereof,  such  storage  is  permitted, 
without  obtaining  from  the  City  Building  Inspector  a per- 
mit for  such  keeping  or  storage  of  such  films,  and  such 
Building  Inspector  shall,  upon  being  satisfied  that  such 
keeping  or  storage  shall  be  in  accordance  with  the  regula- 
tions governing  such  keeping  and  storage  adopted  as 
aforesaid,  issue  his  permit  therefor.  Such  permit  shall 
be  in  force  and  effect  only  so  long  as  the  holder  thereof 
shall  comply  with  such  regulations,  and  shall  be  revoked 
by  the  Building  Inspector  in  case  of  the  violation  of  any 
such  regulations. 

It  shall  be  the  duty  of  every  person,  firm,  associa- 
tion or  corporation  within  the  general  or  special  limits 
of  the  City  keeping,  storing  or  handling  motion  picture 
films  and  who  are  permitted  herein  to  so  keep,  store  or 
handle  the  same  without  a permit  therefor,  whenever  the 
same  are  not  being  used  in  connection  with  their  exhibi- 
tion, to  keep  the  reels  containing  such  films  in  individual 
tin  cans  or  boxes  of  galvanized  iron.  The  open  ends  of 
srch  cans  or  metal  boxes  shall  be  covered  with  tight  fit- 
ting covers. 

Sec.  4.  Any  person,  firm,  association  or  corporation 
who  shall  violate  any  of  the  provisions  of  this  Ordinance 
shall  be  deemed  guilty  of  a misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a fine  of  not  more 
than  One  Hundred  Dollars  or  by  imprisonment  in  the  City 
Jail  for  a period  of  not  more  than  thirty  days  or  by  both 
such  fine  and  imprisonment. 

Sec.  5.  WHEREAS,  it  is  necessary  to  the  immediate 
preservation  of  the  peace,  health  and  safety  of  the  City 
of  Phoenix  and  the  citizens  and  inhabitants  thereof  that 
the  business  of  keeping  and  maintaining  of  films  be  regu- 
lated in  the  interest  of  fire  protection, 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  exempted  from  the  ref- 
erendum provisions  of  the  City  Charter  and  shall  be  in 
full  force  and  effect  from  and  after  its  passage  by  the 


230 


City  Ordinances 


Commission,  posting  and  publication  as  provided  by  the 
Charter  of  the  City  of  Phoenix. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
19th  day  of  January,  1921. 

Approved:  WILLIS  H.  PLUNKETT^ 

Attest:  Mavor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  454 

An  Ordinance  amending  Ordinance  No.  536,  Section  5. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Section  5 of  Ordinance  536  of  the 
Common  Council  of  the  City  of  Phoenix  be  and  the  same 
hereby  is  amended  to  read  as  follows: 

“Sec.  5.  No  sign  illuminated  by  electricity  shall  be 
erected  unless  such  sign  is  constructed  in  accordance  with 
the  requirements  of  the  National  Board  of  Fire  Under- 
writers for  the  construction  of  all  metal  signs  and  in  ac- 
cordance with  such  other  specifications  as  to  detail  of 
construction  as  may  be  prescribed  from  time  to  time  by 
the  Commission  of  the  City  of  Phoenix  or  by  the  City 
Inspector  of  buildings  by  virtue  of  authority  conferred 
upon  him  by  law.” 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  23rd  day  of  February,  1921. 

Approved  this  23d  day  of  February,  1921. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  472 

An  Ordinance  amending  Ordinance  413  of  the  City  of 

Phoenix,  entitled:  “An  Ordinance  amending  Para- 

graph 3 of  Section  1 of  Part  XI  of  Ordinance  No. 

113.” 

Be  it  ordained  by  the  Commission  of  the  City  of 

Phoenix  as  follows: 

That  Ordinance  413  of  the  City  of  Phoenix  be 

amended  to  read  as  follows: 

“All  gasoline  stored  in  tanks  outside  the  walls  of 
any  buildings  or  structures  shall  be  in  tanks  approved  by 
the  National  Board  of  Fire  Underwriters;  no  one  tank 
shall  contain  more  than  five  hundred  (500)  gallons  of 
gasoline.  Not  more  than  four  tanks  of  gasoline,  in  the 
aggregate,  shall  be  allowed  to  be  stored  in  any  one  private 
garage.  Any  such  storage  tank  shall  only  be  installed 
by  and  with  the  written  consent  of  the  City  Building 

Inspector. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
4th  day  of  May,  1921. 

Approved.  J.  A.  R.  IRVINE, 

Attest:  Vice-Chairman. 

Helen  C.  Fahey,  Deputy  City  Clerk. 


City  of  Phoenix 


231 


PART  2 

PLUMBING  AND  GAS  FITTING. 

ORDINANCE  NO.  519. 

An  Ordinance  relating  to  the  operation  of  the  sewer  sys- 
tem of  the  City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  That  for  the  better  protection  of  the 
health  of  the  inhabitants  of  the  City  of  Phoenix,  all  that 
portion  of  the  City  of  Phoenix  now  embraced  within  the 
district  reached  by  the  sewer  system  of  said  City,  and  all 
that  portion  of  said  City  that  may  hereafter  be  reached 
by  said  sewer  system,  is  hereby  declared  to  be  a Sanitary 
District,  and  all  persons  owning  real  property  on  streets 
and  alleys  in  which  there  are  sewers,  and  all  persons  own- 
ing real  property  on  streets  and  alleys  which  can  be  served 
by  sewers,  shall  abate  all  privies,  cess-pools  and  open 
drains  upon  their  property,  and  they  shall  connect  all 
privies,  cess-pools  and  open  drains,  with  said  sewer  sys- 
tem at  such  time  and  in  sucn  manner  as  the  Common 
Council  may  by  resolution  require,  and  all  the  expense  of 
such  connection  shall  be  borne  by  the  owner  of  said  real 
property;  a failure  to  abate  all  such  privies,  cess-pools 
and  open  drains  at  the  time  and  in  the  manner  required 
by  said  Common  Council  by  resolution  shall  constitute  a 
misdemeanor  and  shall  be  punishable  as  provided  in  Sec- 
tion 5 of  this  Ordinance.  Provided,  that  nothing  in  this 
section  shall  be  construed  to  permit  any  person  to  tap  any 
pipe,  lateral  or  main  belonging  to  the  City  of  Phoenix. 

Sec.  2.  That  for  the  convenience  and  best  adminis- 
tration of  the  sewer  system  of  the  City  of  Phoenix  and 
its  operation,  it  is  hereby  made  the  duty  of  the  officers 
of  the  Water  Department  of  said  City,  as  provided  for  in 
Ordinance  No.  400  of  said  City,  to  perform  the  same 
duties  with  respect  to  the  operation,  management  and 
control  of  said  sewer  system  as  is  required  of  them  in 
the  operation,  management  and  control  of  the  water  works 
system  of  said  City  in  so  far  as  their  duties  prescribed  in 
said  Ordinance  No.  400  are  applicable  to  the  best  opera- 
tion, management  and  control  of  said  sewer  system  and 
in  so  far  as  their  duties  under  said  Ordinance  No.  400 
are  not  in  conflict  with  the  provisions  of  this  Ordinance. 

Sec.  3.  It  shall  be,  and  it  is  hereby  made  unlawful 
for  any  person,  firm,  company  or  corporation  to  tap  or 
cause  to  be  tapped  any  service  pipe  connected  with  the 
sewer  system  of  the  City  of  Phoenix  belonging  to  said 
City,  or  to  connect  their  property  to  or  with  any  such 
tap,  but  every  such  person,  firm,  company,  or  corpora- 
tion desiring  or  that  may  be  required  to  connect  his, 
their  or  its  property  to  the  sewer  system  of  said  City 
shall  first  obtain  a permit  from  the  Plumbing  Inspector 
of  said  City  so  to  do,  and  it  is  hereby  made  the 
duty  of  said  Plumbing  Inspector,  before  issuing  said 
permit,  to  inauire  into  the  sanitary  condition  of  all  pro- 
posed connections  with  such  sewer  system  for  the  purpose 


232 


City  Ordinances 


of  ascertaining-  whether  or  not  same  have  been  installed 
in  a sanitary  condition,  and  in  the  event  that  said  Plumb- 
ing- Inspector  finds  the  same  in  an  unsanitary  condition 
pr  in  such  condition  that  the  same  would  be  unsanitary 
if  connected  to  the  sewer  system  of  said  City,  to  deny 
the  permit  until  such  time  as  applicant  shall  put  his 
property  in  a condition  that  will  be  sanitary.  Otherwise 
it  shall  be  the  duty  of  said  Plumbing  Inspector  to  issue 
said  permit  on  application,  and  without  charge,  to  each 
and  every  applicant  for  service  connection  where  sewer 
system  of  the  City  is  installed  and  ready  for  use.  Upon 
the  issuance  of  such  permit  by  the  Plumbing  Inspector  to 
any  such  person,  firm,  company  or  corporation,  each  and 
every  applicant  shall  present  same  to  the  Superintendent 
of  the  Water  Works  System  of  the  City  of  Phoenix,  whose 
duty  it  shall  be,  among  other  things,  to  make  or  cause  to 
be  made,  all  taps  of  service  connections.  Said  Superin- 
tendent shall  keep  a record  of  all  connections  made,  the 
purpose  for  which  same  are  to  be  used,  together  with  the 
name  of  the  owner  of  the  property,  his  agent  or  repre- 
sentative. The  fee  for  making  such  taps  or  connections 
shall  be  paid  to  the  Superintendent  before  any  such  tap 
or  connection  shall  be  made. 

The  cost  for  making  any  tap  or  connection  shall  be 
as  follows: 

For  each  tap,  including  pipe  to  property  line  on  alleys 
and  to  curb  line  on  streets,  $15.00. 

Sec.  4.  No  rental  charge  of  any  kind  shall  be  made 
to  the  users  of  the  sewer  system. 

Sec.  5.  Every  person,  firm,  company  or  corporation 
who  shall  in  any  way  interfere  with  the  officers  of  the 
Water  Department  or  Plumbing  Inspector  of  the  City  of 
Phoenix  in  the  discharge  of  their  or  his  duties,  either  in 
the  tapping  of  any  sewer  pipe,  main  or  lateral  belonging 
to  said  city  or  the  laying  aM  connecting  of  any  such  pipe, 
main  or  lateral,  or  who  sh&H  dig  up,  or  cause  to  be  dug- 
up,  any  street  or  alley  in  the  City  of  Phoenix  for  the 
purpose  of  connecting  with  the  sewer  system  of  the  City 
of  Phoenix  without  first  obtaining  a permit  from  the 
Superintendent  of  the  Water  Works  System  so  to  do,  or 
who,  having  a permit  so  to  do  shall  dig  up  any  portion  of 
any  street  or  alley  of  the  City  of  Phoenix  for  the  purpose 
of  connecting  with  the  sewer  system  of  said  City,  shall 
fail  to  replace  the  said  street  or  alley  in  its  original  con- 
dition, under  the  supervision  of  said  Superintendent,  and 
as  required  by  him,  or  who  shall  violate  any  of  the  pro- 
visions of  this  ordinance,  shall  be  guilty  of  a misdemeanor 
and  upon  conviction  thereof  fined  in  a sum  not  less  than 
Ten  Dollars  nor  more  than  One  Hundred  Dollars,  or  by 
imprisonment  in  the  City  Jail  for  not  less  than  Ten  Days, 
nor  more  than  One  Hundred  Days  or  by  both  such  fine 
and  imprisonment. 

Sec.  6.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in 


City  of  Phoenix 


233 


force  from  and  after  its  passage  and  publication  as  by 
law  required. 

Passed  by  the  Common  Council  of  Phoenix  this  26th 
day  of  August,  1912. 

LLOYD  B.  CHRISTY, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  118 

An  Ordinance  requiring  the  examining  and  licensing  of 
Journeyman  Plumbers,  the  purchasing  of  bonds  by 
and  licensing  of  Master  Plumbers  and  regulating 
plumbing  and  prescribing  the  condition  under  which 
the  business  and  vocation  of  plumbing  may  be  car- 
ried on  in  the  City  of  Phoenix,  and  providing  penal- 
ties for  violation.  Amending  Ordinances  Numbers 
463,  592  and  551  (Old  Series),  with  an  emergency 
clause. 

Section  1.  (a)  No  person  shall  engage  in  the  voca- 

tion of  a journeyman  plumber,  or  do  or  perform  any  act 
as  a journeyman  plumber  on  any  plumbing  or  drainage 
system  in  the  City  of  Phoenix,  until  such  person  shall 
have  first  been  licensed  as  hereinafter  provided  for. 

(b)  There  is  hereby  created  a Board  of  Examiners 
to  be  known  as  the  Plumbers’  Examining  Board,  which 
Board  shall,  except  as  herein  otherwise  provided,  consist 
of  the  City  Engineer,  City  Inspector  of  Buildings,  City 
Health  Officer,  one  master  plumber  and  one  journeyman 
plumber.  At  any  time  the  City  Inspector  of  Buildings 
shall  have  a deputy  or  assistant,  whose  duties  shall  in- 
clude the  inspection  of  plumbing;  such  deputy  or  assistant 
shall  become  a member  of  the  Plumbers’  Examining  Board 
in  the  place  of  said  City  Inspector  of  Buildings.  The 
master  plumber  and  journeyman  plumber  members  of  the 
Board  shall  be  appointed  annually  by  the  Commission  of 
the  City  of  Phoenix  at  its  first  regular  meeting  in.  the 
month  of  June  of  each  year,  or  as  soon  thereafter  as  may 
be  convenient,  and  the  members  of  the  Board  so  appoint- 
ed shall  serve  until  their  successors  are  appointed  and 
qualified.  There  shall  be  no  fees  charged  by  said  Plumb- 
ers’ Examining  Board,  and  the  members  thereof  shall  serve 
without  compensation. 

(c)  Upon  the  first  Monday  after  the  appointment 
of  the  appointive  members  of  said  Board  the  Board  shall 
meet  in  the  office  of  the  City  Inspector  of  Buildings  in 
the  City  Hall,  and  shall  organize  by  electing  one  member 
thereof  its  Secretary,  who  shall  keen  a record  of  its  pro- 
ceedings, and  proper  books  and  filing  devices  for  the 
keeoing  of  c-uch  records  shall  be  provided  by  the  City 
Manager.  The  master  plumber  member  of  the  Board 
shall  be  its  Chairman  and  shall  preside  over  all  meetings 
thereof.  A Vice-Chairman,  who  shall  act  in  the  absence 
of  the  Chairman,  shall  be  elected  from  among  the  mem- 
bers of  the  Board.  Examination  of  applicants  for  plumb- 
ing licenses  shall  be  held  on  the  first  and  third  Saturdays 
of  each  month;  provided,  however,  that  examinations  may 


234 


City  Ordinances 


be  held  at  other  dates  than  those  fixed  whenever  the 
Board  deems  such  examinations  advisable.  All  examina- 
tions shall  be  held  in  some  suitable  room  in  the  City  Hall 
to  be  designated  by  the  City  Manager,  and  all  examina- 
tions shall  be  fair  and  without  discrimination,  and  shall 
relate  exclusively  to  the  business  and  vocation  of  plumb- 
ing, and  membership  and  non-membership  of  the  applicant 
in  any  association  whatsoever  shall  not  be  inquired  into. 

(d)  Amended  by  Ordinance  162. 

(e)  In  the  event  of  the  work  of  any  journeyman 
plumber  so  licensed  falling  below  the  standard  which  shall 
be  fixed  and  determined  in  advance  by  the  Board  of 
Examiners,  such  journeyman  plumber  shall  be  subject  to 
re-examination  and  his  license  suspended,  and  it  shall  be 
unlawful  for  him,  pending  such  re-examination  and  his 
reinstatement,  to  do  or  perform  any  plumbing  work  in 
the  City  of  Phoenix. 

In  event  of  his  failure  on  such  re-examination  to 
satisfy  the  said  Examining  Board  of  his  fitness  to  engage 
in  or  follow  the  vocation  of  journeyman  plumber.,  the 
same  shall  be  so  certified  by  the  Chairman  of  the  Board 
to  the  City  Collector,  and  he  shall  be  precluded  from 
doing  or  performing  any  work  as  a journeyman  plumber 
in  or  about  any  plumbing  or  house  drainage  system  in 
ti\e  City  of  Phoenix,  provided,  however,  that  such  person 
may  take  other  examinations  as  in.  the  case  of  an  original 
examination,  touching  his  fitness  to  engage  in  such  wrork. 
but  no  such  other  examination  shall  be  taken  within  three 
months  of  the  last  examination  taken  by  him. 

(f)  Every  person  desiring  to  engage  in  the  business 
of  plumbing  as  a master  plumber  shall  first  file  with  the 
City  Collector  his  application  for  a license  to  engage  in 
such  business.  Such  application  shall  contain  the  full 
name  of  the  applicant,  the  name  of  the  concern  under 
which  he  proposes  to  conduct  such  business,  his  place  of 
residence,  the  place  at  which  such  business  is  to  be  con- 
ducted, and  his  last  place  of  business  or  employment,  as 
the  case  may  be.  But  no  license  shall  be  issued  until  such 
applicant  shall  file  with  the  City  Collector  his  bond  in 
the  penal  sum  of  One  Thousand  Dollars  with  two  or  more 
good  and  sufficient  sureties,  or  by  some  reputable  Surety 
Company  maintaining  an  agency  in  the  City  of  Phoenix, 
conditioned  upon  the  faithful  compliance  with  all  the 
Ordinances  of  the  City  of  Phoenix  now  in  force  or  that 
may  hereafter  be  adopted  relative  to  the  installation  and 
repair  of  plumbing  and  plumbing  systems,  and  that  he  will 
pay  all  fines,  penalties  and  damages  that  may  be  lawfully 
assessed  against  him  by  reason  of  and  resulting  from  his 
failure  to  comply  with  the  Ordinances  of  the  City  of 
Phoenix  relative  to  the  installation  and  repair  of  plumb- 
ing and  plumbing  systems.  No  such  bond  shall  be  accept- 
ed by  the  City  Collector  until  approved  as  to  form  by  the 
City  Attorney  and  as  to  sufficiency  by  the  City  Manager. 
Upon  the  approval  and  acceptance  of  such  bond  the  City 
Collector  shall  issue  to  the  applicant  a license  to  carry  on 
the  business  of  plumbing  as  a master  plumber  in  the  City 
of  Phoenix  for  one  year  from  the  date  of  the  issuance  of 


City  of  Phoenix 


235 


such  license,  and  all  such  licenses  shall,  upon  the  filing 
of  the  proper  bond,  be  renewed  at  the  expiration  of  the 
term  thereof  for  a like  period  of  one  year.  No  such  re- 
newal shall  be  issued  until  the  applicant  shall  have  first 
filed  with  the  City  Collector  a new  bond  in  the  manner, 
on  the  conditions,  and  in  the  amount  hereinbefore  speci- 
fied. 

(g)  The  term  journeyman  plumber  as  herein  used 
shall  be  taken  to  mean  any  person  not  an  apprentice  or 
plumber’s  helper  actively  working  at  the  trade  of  plumb- 
ing as  the  employee  of  some  master  plumber,  person,  firm, 
association  or  corporation,  or  of  some  person  engaging- 
such  plumber  for  wage  compensation. 

The  term  master  plumber  as  herein  used  shall  be 
taken  to  mean  any  person,  firm,  association  or  corporation 
engaged  in  the  business  of  plumbing  as  a contractor  or 
owner  of  a stock  of  plumbers’  goods  and  supplies,  and 
employing  journeyman  plumbers. 

In  the  event  of  any  master  plumber  engaging  active- 
ly in  the  vocation  of  a journeyman  plumber,  and  per- 
forming the  work  incident  to  such  vocation,  such  master 
plumber  shall  be  termed  to  be  also  a journeyman  plumber, 
and  shall,  in  addition  to  furnishing  a bond  herein  provided 
for  to  be  given  by  master  plumbers,  take  and  satisfactor- 
ily pass  the  examination  required  to  be  taken  by  journey- 
man plumbers  before  doing  or  performing  any  such  jour- 
neyman plumber  work. 

Sec.  2.  Application  for  Permit.  (a)  No  person 
shall  construct  or  cause  to  be  constructed,  either  as  owner, 
agent  or  otherwise,  or  carry  on,  conduct  or  assume  con- 
trol of  plumbing  or  house  drainage  affecting  the  sanitary 
condition  of  any  house  or  building  in  the  City  of  Phoenix, 
unless  such  person  shall,  before  commencing  such  work, 
secure  from  the  City  Inspector  of  Buildings  a permit  so 
to  do;  provided,  however,  that  it  shall  not  be  necessary  to 
obtain  a permit  for  repairs  which  are  defined  as  follows: 
Leak  in  drain,  soil,  waste  pipes  and  traps,  or  the  replacing 
of  old  fixtures  with  new  ones.  Should  any  drain,  soil, 
waste  or  vent  pipe  be  or  become  bad  or  defective,  so  that 
it  becomes  necessary  to  remove  and  replace  the  same  with 
sound  material  in  any  part  or  parts,  a permit  shall  first 
be  secured  therefor  and  inspection  made  as  herein  pro- 
vided. 

(b)  The  City  Inspector  of  Buildings  shall  have  dis- 
cretionary power  to  determine  all  questions  relating  to 
the  mode  and  manner  of  or  materials  used  in  the  altera- 
tion or  repair  of  all  plumbing  in  all  buildings  or  other 
structures  in  the  City  of  Phoenix  as  may  be  provided  for 
in  this  or  any  other  present  or  future  Ordinance,  and 
whenever  there  shall  be  practical  difficulties  interfering 
with  the  carrying  out  of  the  strict  letter  of  this  or  any 
other  Ordinance  of  the  City  of  Phoenix  relating  to  plumb- 
ing, the  said  City  Inspector  of  Buildings  shall  have  discre- 
tionary power  and  he  is  hereby  so  empowered  and  author- 
ized, to  require  such  repairs  or  alterations  to  be  made  in 
such  manner  as  shall  comply  with  the  spirit  of  such  ordi- 
nance, secure  public  safety  and  do  substantial  justice; 


236 


City  Ordinances 


but  no  such  deviation  shall  be  allowed  unless  a full  and 
complete  record  of  the  same  be  kept  by  said  City  In- 
spector of  Buildings,  and  a special  permit  issued  therefor. 

Sec.  3.  Inspection  and  Tests.  (a)  All  plumbing- 

fixtures  and  plumbing  and  drainage  in  place  in  any 
building  in  the  city  to  which  alterations  or  additions  are 
desired  to  be  made,  may  be  altered  or  added  to  after 
inspection  by  and  permission  therefor  had  from  the  City 
Inspector  of  Buildings,  who  shall,  within  a reasonable 
time  after  request,  make  inspection  of  such  plumbing  fix- 
tures, plumbing  or  drainage  system  desired  to  be  altered 
or  added  to,  and  if  found  in  a reasonably  sanitary  con- 
dition, and  will  not,  when  so  altered,  repaired  or  added  to 
as  contemplated,  be  a menace  to  health  or  public  safety, 
shall  issue  a permit  for  such  alterations  or  additions  to 
be  made  or  installed  as  a part  of  such  system  and  the 
same  shall  be  made  under  his  direction.  If  the  City  In- 
spector of  Buildings  shall  find  conditions  in  such  fixtures, 
plumbing  or  drainage  system  as  in  his  opinion  are  a 
menace  to  health  or  public  safety,  he  shall  not  allow  the 
alteration  or  addition  to  be  made  unless,  at  the  comple- 
tion of  the  work,  such  objection  will  become  removed  and 
the  entire  system  comply  with  the  requirements  of  this 
Ordinance. 

(b)  All  soil  pipes,  drain  pipes,  vent  pipes,  trap 
toilet,  urinal,  sink  or  other  fixture  or  fixtures,  fitting  or 
fittings  that  now  are  or  shall  hereafter  be  laid  or  installed 
otherwise  than  in  accordance  with  these  regulations,  or 
which,  in  the  opinion  of  the  City  Inspector  of  Buildings, 
are  bad  or  defective,  shall,  upon  notice  from  the  City 
Inspector  of  Buildings,  be  removed  or  repaired  in  the 
manner  and  within  such  time  as  may  be  determined  and 
fixed  by  the  City  Inspector  of  Buildings. 

(c)  All  work  shall  be  subject  to  inspection,  and  as 
soon  as  such  work  be  ready  for  inspection,  the  journey- 
man plumber  or  master  plumber  having  the  work  in  charge 
shall  so  notify  the  City  Inspector  of  Buildings  thereof. 
No  plumbing  shall  be  covered  or  concealed  until  it  shall 
have  been  inspected  by  the  City  Inspector  of  Buildings  or 
his  deputy,  and  by  the  said  Inspector  approved.  All 
roughing  in  tests  shall  be  made  with  water  and  for  such 
testing  the  iron  extension  of  the  soil  pipe,  outside  the 
foundation  of  the  house,  shall  be  securely  closed,  as  shall 
all  branches,  inlets  and  other  openings  of  the  work  to  be 
tested.  The  closing  of  joints  and  pipes  shall  be  suffi- 
ciently tight  and  strong  enough  to  withstand  a column 
of  water  reaching  the  top  of  the  highest  vent  pipe.  The 
system  shall  then  be  filled  with  water  to  its  top  and  so 
stand  for  not  less  than  thirty  minutes  without  perceptible 
leakage.  If  the  water  be  lowered  by  leakage  or  any  leak- 
age discovered,  the  place  or  places  of  leakage  shall  be 
found  and  made  tight  by  the  one  in  charge  and  the  work 
shall  not  be  approved  by  the  City  Inspector  of  Buildings 
until  the  water  shall  so  stand  for  such  time  to  the  top 
of  the  pipe  without  leakage  or  perceptible  lowering.  All 
joints  shall  be  wiped  clean  and  dry  in  order  to  permit  a 
thorough  inspection. 


City  of  Phoenix 


237 


In  all  cases  where  the  City  Inspector  of  Buildings 
be  not  satisfied  with  the  completed  work  he  may  call  for 
final  test.  Such  test  shall  be  made  with  peppermint  in 
the  manner  following:  All  of  the  drainage  system  and 

vent  openings  except  traps  shall  be  closed,  and  all  traps 
filled  with  water.  There  shall  then  be  poured  into  the 
system  at  the  top  of  the  highest  vent,  for  the  first  and 
second  stories  of  the  building  or  structure  a solution  of 
two  ounces  of  oil  of  peppermint  to  three  gallons  of  hot 
water  for  each  story  above  the  second  story.  During 
such  test  all  openings  in  the  system  shall  be  securely 
closed  until  the  City  Inspector  of  Buildings  shall  pro- 
nounce the  entire  system  tight,  perfect  and  free  from 
leaks  and  other  defects. 

(d)  The  following  fees  shall  be  charged  in  all  in- 
stances: 

Each  Permit  .. $1.00 

Each  Fixture  .20 

Extra  visits  of  City  Inspector  of  Buildings  caused  by 

the  failure  to  comply  with  the  provisions  of 

this  Ordinance  1.00 

No  certificate  of  final  approval  and  acceptance  shall 
be  issued  by  the  City  Inspector  of  Buildings  to  any  person 
until  all  fees,  together  with  all  penalties  that  shall  have 
been  assessed  against  the  work  by  reason  of  faulty  con- 
struction be  paid. 

(e)  In  addition  to  the  penalties  and  fees  in  this 
Ordinance  provided  for,  double  fee  shall  be  charged  and 
collected  in  each  instance  where  plumbing  work  be  com- 
menced before  issuance  of  permit. 

Sec.  4.  Sizes  of  Soil  and  Waste  Pipes  and  General 
Provisions:  (a)  The  term  “house  sewer”  is  applied  to 

that  part  of  the  main  drain  or  sewer  extending  from  a 
point  two  feet  outside  of  the  outer  wall  of  building  to  its 
connection  with  the  public  sewer. 

(b)  The  term  “house  drain”  is  applied  to  that  part 
of  the  main  horizontal  drain  and  its  branches  inside  the 
walls  of  a building,  and  extending  to  and  connecting  with 
the  house  sewer. 

(c)  The  term  “soil  pipe”  is  applied  to  any  pipe 
receiving  the  discharge  of  one  or  more  water  closets,  with 
or  without  other  fixtures. 

(d)  The  term  “waste  pipe”  is  applied  to  any  pipe 
receiving  the  discharge  of  any  fixture,  except  water 
closets. 

(e)  The  term  “vent  pipe”  is  applied  to  any  special 
pipe  provided  to  ventilate  the  system  of  piping  and  to 
prevent  trap  siphonage  and  back  pressure. 

(f)  Soil  and  waste  pipe  shall  be  of  the  following 
materials:  Extra  heavy  cast  iron  pipe,  standard  cast  iron 
pipe,  extra  light  lead  pipe,  galvanized  iron  or  steel  pipe, 
or  brass  pipe. 

(g)  Amended  by  Ordinance  378. 

(h)  All  joints  in  cast  iron  soil,  waste  or  vent  pipes, 
whether  inside  the  building  or  otherwise,  shall  be  made 
with  pig  lead  and  oakum  and  thoroughly  caulked.  No 
putty,  rosin,  candle  grease  or  other  foreign  substance 


238 


City  Ordinances 


shall  be  used  in  the  joints.  Cement  work  of  any  descrip- 
tion is  prohibited,  except  in  house  sewers. 

(i)  All  house  sewers  shall  be  of  first  grade  vitrified 
clay,  cast  iron  or  concrete  pipe  of  not  less  than  four 
inches  internal  diameter.  All  pipes  shall  be  of  uniform 
qjuality,  both  in  texture  as  well  as  in  density,  and  shall  be 
capable  of  sustaining  an  internal  hydrostatic  pressure  of 
at  least  fifteen  pounds  to  the  square  inch  for  a period  of 
five  minutes  without  showing  any  water  on  the  outside  of 
the  pipes.  Drain  pipes  other  than  cast  iron  shall  not  be 
allowed  under  or  in  any  building  nor  within  two  feet 
of  the  exterior  wall  of  a building.  Vitrified  or  concrete 
pipe  shall  not  come  within  six  inches  of  the  surface  of  the 
ground  throughout  its  entire  course.  The  joining  of  each 
and  every  section  of  vitrified  or  concrete  piping  shall  be 
completely  and  uniformly  filled  with  one  part  Portland 
cement  to  two  parts  of  sand  and  every  joint  thoroughly 
cleaned  from  the  inside  so  as  not  to  form  any  obstruction. 
The  different  sections  shall  be  straight  and  symmetrical 
in  form  so  that  when  laid  in  they  shall  be  perfect  on  the 
bottom  and  sides,  with  a fall  of  not  less  than  one-quarter 
of  an  inch  per  foot  towards  the  public  sewer,  providing- 
such  fall  can  be  obtained.  The  piping  shall  be  perfectly 
watertight  and  shall  not  be  covered  or  concealed  in  any 
way  until  it  shall  have  been  approved  by  the  City  Inspector 
of  Buildings.  All  changes  in  direction  shall  be  made 
with  Y branches  and  one-eighth  bends. 

(j)  Except  as  herein  otherwise  provided,  no  trap  or 
any  manner  of  obstruction  to  the  free  flow  of  air  through 
the  whole  course  of  a drain  or  soil  pipe  shall  be  allowed. 

(k)  All  soil  or  waste  pipe  and  fittings  in  buildings 
not  exceeding  three  stories  in  height  may  be  of  the  grade 
known  as  standard  cast  iron  pipe.  In  buildings  over  three 
stories  in  height  the  grade  known  as  extra  heavy  cast  iron 
pipe  shall  be  used,  provided,  however,  the  Durham  system, 
as  hereinafter  specified,  may  be  used  in  either  case. 

(l)  The  term  “extra  heavy”  shall  be  defined  as 
having  reference  to  cast  iron  pipe  of  the  following  weights 
per  lineal  foot: 


2-inch  5*4  pounds 

4- inch  13  pounds 

5- inch  17  pounds 

6- inch  20  pounds 


(n)  No  safe  waste  from  basin,  bath,  sink,  water 
closet  or  other  fixture  shall  connect  with  any  soil  pipe, 
waste  pipe  or  sewer,  but  shall  discharge  into  a water  sup- 
plied sink. 

(o)  Cleanouts  shall  be  placed  at  the  end  of  each 
horizontal  line  of  soil  pipe.  All  cleanouts  shall  be  access- 
ible, either  extended  through  the  wall  or  kept  back  twelve 
inches  from  the  wall.  On  straight  runs  of  waste  pipe  of 
two  feet  or  less  it  will  not  be  required  to  n*e  cl^^o^s. 
On  straight  runs  of  waste  pipe  over  two  feet,  cleanouts 
must  be  used.  Cleanouts  shall  be  placed  at  the  base  of 
each  stack  of  soil  or  waste  pipe.  In  all  changes  of  direc- 
tion in  horizontal  soil  or  waste  pipes,  a cleanout  is  neces- 


City  of  Phoenix 


239 


sary,  and  cleanouts  shall  be  placed  in  such  other  places  as 
the  City  Inspector  of  Buildings  may  deem  them  necessary. 
All  cleanouts  shall  have  brass  screw  ferrules  of  the  same 
internal  diameter  as  the  soil  or  waste  pipe  which  they 
serve.  All  changes  of  direction  shall  be  made  with  full 
Y branches  one-sixteenth,  one-eighth,  or  one-sixth  bends, 
or  where  cleanouts  are  not  required,  long  sweep  quarter 
bends  may  be  used. 

(p)  Amended  by  Ordinance  234. 

(q)  Extra  light  lead  pipe  shall  be  at  least  of  the  fol- 
lowing weights  to  the  lineal  foot: 

1 % -inch  2 V2  pounds 

1 Mi-inch  3 Mi  pounds 

2-inch  ...4  pounds 

4-inch  ...5  pounds 

(r)  Amended  by  Ordinance  234. 

(s)  Double  hubs  or  double  hub  fittings  or  inverted 
joints  shall  not  be  allowed  on  soil  or  waste  pipes  below 
the  water  line;  provided,  however,  that  they  may  be  used 
on  vents. 

(t)  The  term  “water  lir\e”  as  herein  used  shall  be 
defined  as  having  reference  to  the  highest  fixture  opening- 
on  any  plumbing  system. 

(u)  No  heel  outlet  fitting  shall  be  allowed  to  receive 
waste  through  the  heel  thereof,  excepting  where,  under 
architectural  conditions,  the  space  is  limited,  and  in  which 
event  it  shall  meet  with  the  approval  of  the  City  Inspector 
of  Buildings. 

(v)  No  exhaust  from  any  engine  or  blowoff  from 
any  boiler  shall  be  connected  with  a house  drain  or  house 
sewer. 

(w)  In  all  buildings  the  Durham  System  may  be 
installed,  providing  such  system  be  entirely  Durham  from 
the  ground  up.  In  no  case  shall  the  Durham  System  be 
used  in  the  ground.  The  Durham  System  of  piping  shall 
apply  to  any  system  of  galvanized,  wrought  iron  or  steel 
pipe  and  recessed  fittings.  The  fittings  shall  be  recessed 
sufficiently  to  allow  for  the  thickness  between  the  internal 
and  external  diameter  of  the  pipe  forming  a shoulder  so 
that  the  fitting  when  screwed  on  the  pipe  will  make  up 
to  the  shoulder  in  the  fitting,  thus  forming  one  continuous 
bore  for  unobstructed  flow  of  water. 

Sec.  5.  Traps,  (a)  Every  toilet,  sink,  slop  hopper, 
bath  tub,  floor  drain,  wash  rack,  and  every  tray,  vessel  or 
vessels  connected  with  a drain  pipe  directly,  except  as 
herein  otherwise  specified,  shall  be  separately,  inde- 
pendently and  effectively  trapped  and  vented,  and  all  fix- 
tures indirectly  connected  to  sewer  shall  be  trapped. 

(b)  All  traps  shall  be  placed  as  near  the  fixture  as 
possible,  and  in  no  case  farther  than  two  feet  from  the 
fixture  which  it  serves. 

(c)  All  trap  screws  shall  be  protected  from  sewer 
gas  by  the  water  seal  of  the  trap. 

(d)  Amended  by  Ordinance  307. 


240 


City  Ordinances 


(e)  Amended  by  Ordinance  234. 

(f)  For  dentist’s  chair,  saloon  bar,  or  counter  work 
or  basins  in  middle  of  floor,  where  not  practical  to  vent,  by 
consent  of  the  City  Inspector  of  Buildings,  pot-traps  may 
be  used,  not  smaller  than  4 inches  by  9 inches.  Where 
practical  to  trap  and  vent  in  the  ordinary  way,  it  shall 
be  done,  fixtures  not  to  be  more  than  three  feet  from 
fixture  side  of  pot-traps,  but  the  waste  pipe  and  connec- 
tions shall  conform  to  the  plumbing  rules,  the  same  as 
if  vented. 

(g)  All  traps  shall  be  set  true  to  their  water  seals. 

(h)  Except  as  herein  otherwise  provided,  no  more 
than  one  fixture  shall  waste  into  one  trap 

(i)  Unless  otherwise  provided  for,  a running  trap 
may  be  used  in  any  plumbing  or  drainage  system,  and 
when  so  used  it  shall  be  placed  on  the  house  drain  and  on 
the  sewer  side  of  all  connections.  If  placed  outside  the 
building  or  below  the  cellar  floor  it  shall  be  accessible  in 
a brick  or  wooden  manhole  not  less  than  three  feet  square, 
and  shall  have  two  cleanouts,  one  on  each  side  of  trap, 
with  brass  screws  cap  and  ferrules.  A separate  vent  shall 
be  connected  on  each  side#  of  all  running  traps.  These 
vent  pipes  shall  be  of  cast  iron  when  in  the  ground  and 
of  the  weights  as  specified  in  this  Ordinance,  and  of  not 
less  than  three  inches  internal  diameter.  The  vent  pipe  on 
the  sewer  side  of  a running  trap  shall  be  carried  up  to  at 
least  six  inches  above  the  highest  part  of  the  main  roof. 
The  vent  pipe  on  the  house  side  of  a running  trap  may 
terminate  above  the  roof  at  any  point  not  less  than 
eight  feet  from  any  door,  window,  or  air  shaft. 

Sec.  6.  Vents,  (a)  No  vent  shall  terminate  directly 
below  or  within  eight  feet  of  any  window,  door  or  air 
shaft. 

(b)  All  vents  shall  be  taken  off  above  the  water  seal 
of  the  trap  served  by  such  vent,  except  in  the  case  of 
water  closets,  pedestal  slop  sinks  and  pedestal  urinals. 

(c)  In  no  case  shall  the  water  seal  of  any  trap  be 
located  more  than  two  and  one-half  feet  from  the  perpen- 
dicular vent  which  serves  such  trap. 

(d)  All  vents  shall  be  run  on  an  angle  of  not  less 
than  60  degrees  where  practical. 

(e)  Horizontal  vent  pipes  shall  have  a rise  of  one- 
quarter  inch  per  foot  and  be  not  over  fifteen  feet  in  length 
in  the  aggregate  of  horizontal  portions  thereof. 

(f)  Amended  by  Ordinance  234. 

(g)  Where  galvanized  vents  connect  by  means  of 
lead  caulked  joints  into  cast  iron  fittings  of  a greater 
diameter,  the  vent  shall  have  the  coupling  screwed  on 
before  caulked  to  such  pipe  fittings. 

(h)  The  term  “branch  vents”  as  used  in  this  section 
shall  be  deemed  to  mean  all  the  vent  pipe  located  between 
the  fixture  served  and  the  point  where  such  branch  vents 
join  and  intersect  the  main  vertical  vent  or  run  through 
the  roof  to  the  outer  air. 

(i)  All  branch  or  special  vents  within  a radius  of 
twelve  feet  may  converge  into  one  pipe,  or  such  vents  may 


City  of  Phoenix 


241 


be  conducted  into  the  main  stack  not  less  than  two  feet 
above  the  highest  fixture  in  the  system.  The  branch  fit- 
tings shall  be  not  less  than  three  feet  from  the  floor  line. 

(j)  No  flue  of  whatever  kind  shall  be  used  as  a 
sewer  ventilator  or  to  ventilate  any  trap,  drain  or  waste 
pipe.  Rainwater  leaders  or  cellar  drains  shall  not  be  con- 
nected with  any  soil  pipe  or  waste  pipe  except  by  special 
permission  from  the  City  Inspector  of  Buildings. 

(k)  Vent  branches,  inverted  Y’s  or  plain  T’s  may  be 
used  in  openings  left  in  vent  pipes  to  revent  fixtures.  Cast 
screw  fittings  may  be  used  on  galvanized  iron  vent  pipes. 

(l)  Revent  pipes  for  fixtures  shall  not  be  less 
than  the  following  sizes,  and  of  the  following  materials 
(see  Table  No.  2)  : 


TABLE  NO.  2 

Sizes  of  Vent  Pipes.  Extra  Light  Lead,  Standard  Cast 
Iron,  Galvanized  Iron  or  Brass 


FIXTURES  Sizes  of  Vent  Pipe  and  Number  of  Fixtures 


1% 

iy2 

2 

3 

4 

5 

6 

Closets 

1-4 

5-10 

11-20 

21-35 

36-  50 

Sand  Traps  .... 

i 

2-4 

5-10 

11-20 

21-35 

36-  50 

Catch  Basins 

i 

2-4 

5-10 

11-20 

21-35 

36-  50 

Slop  Sinks.... 

i 

2-4 

5-10 

11-20 

21-35 

36-  50 

Bath  Tubs... 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Floor  Drains. . 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Sitz  Tubs 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Kitchen  Sinks 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Urinals  

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Wash  Trays.. 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Wash  Basins.. 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Pantry  Sinks 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

Drinking  Fts. 

1 

2 

3-8 

9-20 

21-40 

41-70 

71-100 

(m)  Lead  vent  pipe  shall  extend  at  least  one  foot 
from  the  outlet  of  the  fixture  which  it  serves.  In  all  cases 
vent  pipes  shall  be  securely  anchored  and  fastened  to 
prevent  sagging. 

Sec.  7.  Fixtures,  (a)  No  wrater  c^-et  shall  be  put 
into  or  upon  any  property,  house  or  building  except  those 
flushed  by  a tank  of  the  capacity  of  not  less  than  four 
gallons  of  wrater.  All  such  tanks  shall  be  set  at  least  six 
feet  from  the  floor  where  practical,  except  in  case  of 
“low  down  closets.” 

(b)  Plunger  closets  and  Philadelphia  Hoppers  are 
prohibited,  but  flushometers  may  be  used  F’ont  washout 
bowls  or  P trap  closets  may  be  used  in  oii'ho'',oes,  provided 
that  the  front  or  back  washout  closets  now  in  use  in  the 
City  of  Phoenix  may  remain,  but  in  no  i1  t^rre  and  under 
no  circumstances  shall  such  fixtures  bn  ne^mitted  to  be 
installed  in  new  or  repair  work.  When  fh^  water  supply 
is  not  ample  for  the  proper  flushing  of  elo~ets  the  City 
Inspector  of  Buildings  may,  at  his  option  o ’der  the  erec- 
tion of  a tank  system  into  which  wate~  '^,,T  flow  or  be 
pumped  for  the  purpose  of  flushing  such  clo  ets. 


242 


City  Ordinances 


(c)  Water  closet  compartments  shall  open  into  the 
open  air  or  be  ventilated  by  means  of  a window,  air  shaft 
or  duct. 

(d)  All  closet  connections  between  the  soil  and  the 
closet  bowl  shall  be  made  with  brass  floor  flanges  soldered 
to  lead  soil  pipe  which  shall  be  lead  bend  or  lead  corrugated 
stub,  except  in  concrete  construction,  where  iron  con- 
nections may  be  used  with  sanitary  connection  to  bowl. 

(e)  Waste  pipe  from  refrigerators  or  other  recepta- 
cles in  which  provisions  are  stored  shall  not  be  connected 
with  a drain,  soil  pipe  or  other  waste  pipe  directly  con- 
nected to  sewer,  but  shall  discharge  into  open  sink  or  dry 
well.  In  every  case  there  shall  be  an  open  tray  between 
the  trap  and  the  refrigerator. 

(f)  Where  floor  drains  are  used,  the  seal  of  trap 
shall  be  protected  from  evaporation  in  such  manner  as 
designated  by  the  City  Inspector  of  Buildings. 

(g)  All  cast  iron  slop  hoppers  shall  be  connected  to 
the  sewer  through  a four-inch  trap,  but  such  hoppers  shall 
not  be  required  to  be  vented  when  the  same  are  set  in 
excess  of  eight  feet  from  a building. 

(h)  Amended  by  Ordinance  234. 

(i)  All  sinks  in  the  kitchen  of  boarding  houses,  res- 
taurants and  hotels  feeding  more  than  twenty  persons  shall 
be  provided  with  a suitable  grease  trap,  and  no  grease 
trap  shall  be  smaller  than  ten  by  ten  inches. 

(j)  No  fixture  made  of  any  absorbent  material 
whatever  shall  be  used  in  any  plumbing  work  or  system  in 
the  City  of  Phoenix. 

(k)  No  building  or  other  structure  shall  be  used  or 
occupied  as  a factory,  laundry,  tenement  or  lodging  house, 
in  which  human  beings  reside,  work  or  transact  business, 
unless  such  building  or  structure  be  provided  with  a sep- 
arate water  closet  for  each  sex,  and  whenever  there  shall 

in  excess  of  ten  occupants,  employees  or  residents,  of 
each  sex,  or  major  fraction  thereof,  residing,  working  or 
transacting  business  in  such  building  or  structure,  one 
additional  closet  for.  each  such  ten  persons,  or  major  por- 
tion thereof,  of  each  sex,  shall  be  provided. 

Sec.  8.  Arbitration,  (a)  Appeal  to  arbitration:  In 
any  case  where  discretionary  powers  are  by  this  Ordinance 
given  to  the  City  Inspector  of  Buildings,  at  the  option  of 
the  party  complaining,  an  appeal  to  arbitration  shall  be 
allowed  such  party  from  the  decision  of  the  City  Inspector 
of  Buildings  as  follows,  to-wit: 

(b)  Persons  wishing  to  take  such  an  appeal  shall 
do  so  within,  but  not  later  than  five  days  after  written 
notice  of  the  decision  or  order  of  the  City  Inspector  of 
Buildings  has  been  given. 

(c)  Requests  for  arbitration  shall  be  in  writing^  and 
shall  state  the  object  of  the  proposed  arbitration  and  the 
name  of  the  person  who  is  to  represent  the  appellant  as 
his  arbitrator.  The  City  Inspector  of  Buildings  shall  there- 
upon state  to  the  appellant  the  cost  of  such  arbitration  and 
such  appellant  shall,  within  twenty-four  hours  from  the 


City  of  Phoenix 


243 


time  of  filing  the  original  request  for  arbitration,  deposit 
with  the  City  Inspector  of  Buildings  the  sum  of  money 
required  for  defraying  the  expenses  of  the  same,  which 
sum  shall  in  each  case  be  fixed  by  the  City  Inspector  of 
Buildings  in  proportion  to  the  difficulty  and  importance 
of  the  case,  but  in  no  case  shall  be  more  than  the  cost  of 
similar  service  in  the  course  of  ordinary  business  of 
private  individuals  or  corporations.  As  soon  as  such  sum 
of  money  shall  have  been  deposited  with  him,  the  City 
Inspector  of  Buildings  shall  appoint  an  arbitrator  to  rep- 
resent the  city,  and  the  two  arbitrators  thus  appointed 
shall  select  the  third  arbitrator.  The  arbitrators  shall, 
after  investigating  the  matter  in  person,  make  their  de- 
cision in  writing  in  regard  to  the  case.  A majority  report 
of  the  arbitrators  shall,  in  the  absence  of  fraud,  be  final 
and  binding  upon  the  appellant  as  well  as  upon  the  city. 

(d)  The  arbitrators  shall,  before  entering  upon  the 
discharge  of  their  duties,  be  placed  under  oath  to  the 
effect  that  they  are  unprejudiced  as  to  the  matter  of  the 
controversy,  and  have  no  interest,  pecuniary  or  otherwise, 
in  the  result  thereof,  and  that  they  will  faithfully  dis- 
charge the  duties  of  their  positions. 

(e)  The  arbitrators  shall  have  the  power  to  call 
witnesses  and  place  them  under  oath,  and  their  decision 
or  award  shall  be  rendered  in  duplicate  in  writing,  one  to 
the  City  Inspector  of  Buildings  and  one  to  the  appellant. 

(f)  The  fee  deposited  with  the  City  Inspector  of 
Buildings  shall  be  paid  by  the  City  Inspector  of  Buildings 
to  the  arbitrators  upon  the  rendering  of  their  report,  and 
shall  be  in  full  of  all  costs  incident  to  the  arbitration. 

(g)  Should  the  report  of  the  arbitrators  be  in  favor 
of  the  appellant  or  a compromise,  said  appellant  shall  be 
reimbursed  from  the  general  fund  of  the  City  of  Phoenix 
in  such  amount  not  exceeding  the  amount  of  the  fee  de- 
posited by  him,  as  shall  be  fixed  and  determined  by  the 
arbitrators. 

(h)  The  arbitrators  herein  provided  for  shall  be 
entitled  to  the  sum  of  six  ($6.00)  dollars  for  each  day  or 
fraction  thereof  of  service  as  such  arbitrators. 

Sec.  9.  Penalties,  (a)  Any  person,  firm,  association 
or  corporation  violating  any  of  the  provisions  of  this 
Ordinance  shall  be  declared  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall,  for  the  first  offense,  be 
punished  by  a fine  of  not  more  than  thirty  dollars,  or  by 
imprisonment  in  the  City  Jail  for  a period  of  not  more 
than  thirty  days,  or  by  both  such  fine  and  imprisonment; 
fo**  a c-erond  offense,  by  a fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  in  the  City  Jail  for 
a period  not  to  exceed  ninety  days,  or  by  both  such  fine 
and  imprisonment;  for  a third  offense,  in  addition  to  the 
punishment  hereinbefore  last  prescribed  such  person  shall 
have  his  license  revoked  and  it  shall  be  unlawful  for  him 
to  follow  the  business  or  vocation  of  plumbing  in  the  City 
of  Phoenix  for  the  period  of  one  year  following  such  con- 
viction, and  each  and  every  act  in  violation  of  this  Ordi- 
nance in  such  business  or  vocation  shall  be  a separate 
offense. 


244 


City  Ordinances 


(b)  It  shall  be  unlawful  for  any  master  plumber  or 
journeyman  plumber  or  any  other  person  installing  plumb- 
ing to  conceal  any  imperfection,  either  in  work  or  mate- 
rial, or  to  cover  or  in  any  manner  conceal  any  imper- 
fections in  any  work  or  material  used  in  any  plumbing  or 
do  any  act  or  thing  tending  to  prevent  the  detection  by 
the  City  Inspector  of  Buildings  of  any  imperfections  in 
any  such  work  or  material. 

(c)  Immediately  upon  the  completion  of  any  plumb- 
ing work  notice  shall  be  given  to  the  City  Inspector  of 
Buildings  that  such  work  is  ready  for  the  final  inspection. 
The  failure  upon  the  part  of  a master  plumber  to  make 
application  for  the  first  or  final  inspection,  or  either 
thereof,  and  the  failure  to  correct  faults  after  notifica- 
tion, shall  be  deemed  sufficient  cause  for  the  suspension 
of  his  license,  and  thereupon  his  license  may  be  suspended 
for  such  period  of  time  as  the  Board  of  Examiners  may 
deem  proper,  not  exceeding  one  year,  and  it  shall  be 
unlawful  for  any  plumber  to  install  or  repair  any  plumbing 
system  during  the  period  of  his  suspension. 

Sec.  10.  The  word  person  or  persons  as  herein  used 
shall  extend  to  and  include  firms,  partnerships,  associations 
and  corporations. 

Sec.  11.  Ordinance  No.  389,  entitled  an  Ordinance 
providing  for  the  issuance  of  plumbing  permits,  for  the 
inspection  of  plumbing,  for  the  regulation  of  plumbing, 
for  the  manner  of  constructing  plumbing  works  in  the 
City  of  Phoenix,  Arizona,  and  Ordinances  Nos.  463,  592 
and  551,  Ordinances  amendatory  thereof,  are  hereby 
repealed. 

Sec.  12.  WHEFEAS,  the  present  Ordinance  of  the 
City  of  Phoenix,  relative  to  the  regulating  of  plumbing 
and  the  installation  of  plumbing  and  drainage  systems 
in  the  City  of  Phoenix  are  vague,  indefinite  and  uncertain, 
and  do  not  properly  regulate  the  business  and  vocation  of 
plumbing;  and, 

WHEFEAS,  it  is  necessary  to  the  immediate  preser- 
vation of  the  peace,  health  and  safety  of  the  City  of 
Phoenix  and  the  citizens  and  inhabitants  thereof  that 
proper  and  adequate  laws  be  adopted  for  the  regulation  of 
the  business  and  vocation  of  plumbing; 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  exempted  from  the  pro- 
visions of  the  referendum  and  shall  be  in  full  force  and 
effect  from  and  after  its  passage  by  the  Commission  and 
posting  and  publication  as  provided  by  the  Charter  of  the 
City  of  Phoenix. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
2d  day  of  March,  1916. 

Approved  this  2d  day  of  March,  1916. 

GEORGE  V.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


City  of  Phoenix 


245 


ORDINANCE  NO.  162. 

An  Ordinance  amending  Subdivision  D,  of  Section  1,  of 
Ordinance  No.  118,  by  adding  thereto  a provision 
permitting  the  licensing  without  examination  of  per- 
sons who  have  been  engaged  in  the  vocation  of  master 
or  journeyman  plumber  for  three  years  or  more  in 
the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Subdivision  D of  Section  1,  of  Ordinance  No- 
118,  be  and  the  same  is  hereby  amended  so  as  to  read 
as  follows: 

(d)  Every  person  desiring  to  engage  in  the  vocation 
of  a journeyman  plumber  shall  first  file  with  the  City 
Inspector  of  Buildings  his  application  for  a license  to 
engage  in  such  vocation.  Such  application  shall  contain 
the  full  name  of  the  applicant,  his  place  of  residence,  his 
last  place  of  business  or  employment  as  the  case  may  be, 
and  shall  thereafter  present  himself  to  the  Board  of  Ex- 
aminers for  examination  upon  matters  touching  his  fitness 
to  engage  in  the  vocation  of  a journeyman  plumber.  In 
event  of  such  applicant  having  passed  an  examination 
satisfactory  to  the  Board,  its  Chairman  shall  so  certify  to 
the  City  Collector.  Upon  the  receipt  by  the  said  Col- 
lector of  such  certificates,  he  shall  issue  to  the  person  or 
persons  named  in  such  certificates  a license  authorizing 
and  permitting  such  person  or  persons  to  engage  in  or 
follow  the  vocation  of  journeyman  plumber  in  the  City  of 
Phoenix. 

Providing,  that  any  person  applying  for  a license  to 
engage  in  the  vocation  of  a journeyman  plumber  who  shall 
furnish  satisfactory  proof  that  he  has  been  actively  en- 
gaged in  said  vocation  of  a journeyman  plumber  or  master 
plumber  within  the  City  of  Phoenix  for  more  than  three 
years  immediately  prior  to  the  time  when  this  Ordinance 
shall  take  effect,  shall  not  be  required  to  take  such  ex- 
amination or  to  be  re-examined  as  hereinafter  provided 
for,  but  upon  being  furnished  such  proof,  said  Board  of 
Examiners  shall  issue  a certificate  to  such  person  reciting 
the  fact  that  he  has  qualified  as  a journeyman  plumber 
by  exhibiting  satisfactory  proof  of  having  been  actively 
engaged  in  the  vocation  of  journeyman  plumber  or  master 
plumber  in  the  City  of  Phoenix  for  said  period  of  time 
prior  to  the  taking  effect  of  this  Ordinance,  and  there- 
upon the  City  Collector  shall  issue  to  such  person  named 
in  such  certificate  the  license  herein  provided  for. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
1st  day  of  November,  A.  D.  1916. 

Approved  this  1st  day  of  November,  1916. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  234 

An  Ordinance  amending  Section  4,  Paragraph  (G)  ; Sec- 
tion 4,  Paragraph  (P)  ; Section  4,  Paragraph  (R)  ; 


246 


City  Ordinances 


Section  5,  Paragraph  (D)  ; Section  5,  Paragraph  (E)  ; 

Section  6,  Paragraph  (F)  ; Section  6,  Paragraph 

(I)  ; of  Ordinance  No.  118. 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Amended  by  Ordinance  378. 

Sec.  2.  That  Section  4,  Paragraph  (p) , of  said  Ordi- 
nance No.  118,  New  Series,  be  amended  so  as  to  read  as 
follows: 

(p)  All  connections  between  lead  piping  shall  be 
wiped  joints.  Connections  between  soil,  wrought  iron 
pipe  and  lead  shall  be  with  approved  brass  ferrules  or 
brass  soldering  nipples  and  wiped  joints.  Or  Raymond 
ferrules  may  be  used.  Bolted  or  copper  bit  and  cup  of 
flush  soldered  joints  are  prohibited  in  all  cases  except  on 
the  house  side  of  traps. 

Sec.  3.  That  Section  4,  Paragraph  (r)  of  said  Ordi- 
nance No.  118,  New  Series,  be  amended  so  as  to  read  as 
follows: 

(r)  Sanitary  T’s  shall  not  be  allowed  except  in  per- 
pendicular stacks;  sanitary  T’s  and  double  sanitary  'T’s 
and  Y’s  of  the  division  pattern  allowing  one  vent  for  two 
fixtures,  also  double  fittings  with  sanitary  curves  which 
fully  protect  the  drainage  discharge  from  one  fixture  dis- 
charging over  into  the  discharge  opening  of  the  opposite 
fixture,  with  direct  vents  and  full  size  drainage  openings, 
shall  be  allowed.  The  center  wastes  at  the  junction  of 
vents  shall  not  be  set  below  the  water  seal  of  the  trap. 

Tapped  T’s  may  be  used  only  in  conjunction  with 
traps.  Threads  in  tapped  T’s  must  be  uniform,  smooth 
and  of  standard  size.  Cast  threads  must  be  tapped  out. 
Connections  between  lead  traps  and  tapped  T’s  shall  be 
approved  brass  soldering  nipples  wiped  to  lead  trap.  Con- 
nections between  brass  and  tapped  T’s  shall  be  approved 
hexagon  nut  soldered  to  trap.  In  no  other  case,  except  on 
Durham  System  plumbing,  shall  tapped  soil  or  waste  fit- 
tings be  allowed. 

Sec.  4.  That  Section  5,  Paragraph  (e)  of  said  Ordi- 
nance No.  118,  New  Series,  be  amended  so  as  to  read  as 
follows : 

(e)  Drum  traps  of  either  lead,  brass  or  cast  iron 
may  be  used  on  all  bath  tubs  and  laundry  traps;  provided, 
however,  three  or  less  laundry  trays  may  waste  through 
one  deep  drum  trap,  provided  such  trap  be  properly  vented. 
In  all  cases  where  drum  traps  are  placed  within  2*4  feet 
from  the  line  of  circulation  it  will  not  be  necessary  to 
revent  trap. 

Sec.  6.  That  Section  6,  Paragraph  (f)  of  said  Ordi- 
nance No.  118,  be  amended  so  as  to  read  as  follows: 

(f)  In  every  building  having  a water  closet  there 
shall  be  at  least  one  four-inch  stack  running  from  the 
sewer  to  and  through  the  roof.  When  there  is  but  one 
closet  such  stack  may  vent  such  closet,  provided  the  closet 
be  not  set  at  a greater  distance  than  two  and  one-half  feet 
from  the  stack.  If  set  at  a greater  distance  a two-inch 
vent  shall  be  taken  off  and  conducted  through  the  roof  to 


City  of  Phoenix 


247 


the  outer  air  or  into  the  main  stack.  If  there  be  more 
than  one  closet,  each  shall  be  vented,  except  the  highest 
closet,  provided  such  highest  closet  be  not  more  than  two 
and  one-half  feet  from  the  stack.  In  such  case  the  stack 
may  vent  the  highest  closet.  When  two  or  more  one  and 
one-half  inch  wastes  from  small  fixtures  on  lower  floors 
and  properly  vented  with  one  and  one-half  inch  pipe,  enter 
a soil  bend  within  eighteen  inches  of  the  closet  opening, 
it  shall  not  be  necessary  to  again  revent  the  bend  with  the 
two-inch  vent  hereinbefore  required.  Loop  or  circuit 
vents  may  be  used  for  batteries  of  three  or  more  closets. 
Such  vents  shall  not  be  less  than  three  inches  in  diameter, 
and  if  for  more  than  six  closets,  they  shall  be  of  the  same 
diameter  as  the  soil  pipe  required  for  the  number  of 
closets.  Fixtures  shall  not  be  more  than  three  feet  from 
the  horizontal  circuit  or  loop  vented  line. 

Sec.  7.  Amended  by  Ordinance  379. 

Sec.  8.  That  Section  7,  Paragraph  (h)  of  said  Ordi- 
nance No.  118,  be  amended  so  as  to  read  as  follows: 

(h)  All  wash  racks  shall  be  connected  to  the  sewer 
through  a sand  trap  which  shall  be  properly  vented  when 
within  eight  feet  of  a building,  and  shall  conform  to  the 
plans  on  file  in  the  office  of  the  City  Inspector  of  Build- 
ings. Wash  racks  in  private  garages  need  not  be  vented. 

WHEREAS,  it  is  necessary  to  the  immediate  preserva- 
tion of  the  peace,  health  and  safety  of  the  City  of  Phoenix 
and  the  citizens  and  inhabitants  thereof  that  proper  and 
adequate  laws  be  adopted  for  the  regulation  of  the  busi 
ness  and  vocation  of  plumbing; 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  exempted  from  the  pro- 
visions of  the  referendum  and  shall  be  in  full  force  and 
effect  from  and  after  its  passage  by  the  Commission  and 
posting  and  publication  as  provided  by  the  Charter  of  the 
City  of  Phoenix. 

Approved. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
7th  day  of  August,  1918. 

PETER  CORPSTEIN, 

Attest:  Mayor 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  307 

An  Ordinance  amending  Subsection  “D”  of  Section  5 of 
Ordinance  No.  118,  New  Series,  of  the  City  of  Phoe- 
nix, so  as  to  provide  for  the  use  of  drawn  tubing 
traps. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Subsection  (d)  of  Section  5 of  Ordi- 
nance 118,  New  Series,  of  the  City  of  Phoenix,  be  and 
the  same  is  hereby  amended  to  read  as  follows: 

(d)  In  no  case  shall  drawn  tubing  traps  lighter  than 
seventeen  gauge  be  used,  and  no  drawn  tubing  trap  of 


248 


City  Ordinances 


seventeen  or  heavier  gauge  shall  be  used  or  installed  unless 
the  same  shall  bear  the  manufacturer’s  stamp  showing 
that  they  are  of  the  required  weight  and  thickness. 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  15th  day  of  October,  1919. 

Approved  this  15th  day  of  October,  1919. 

C.  W.  BARNETT, 

Attest:  Vice-Chairman. 

T.  TREVILLIAN,  Deputy  City  Clerk. 


ORDINANCE  NO.  378. 

An  Ordinance  amending  Subsection  (g)  of  Section  4,  of 

Ordinance  No.  118,  New  Series,  of  the  City  of 

Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 

Phoenix,  as  follows: 

That  Subsection  (g)  of  Section  4 of  Ordinance  No. 

118,  New  Series,  of  the  City  of  Phoenix,  entitled: 

An  Ordinance  requiring  the  examining  and  licens- 
ing of  journeymen  plumbers,  the  purchasing  of  bonds 
by  and  licensing  of  master  plumbers  and  regulating 
plumbing  and  prescribing  the  condition  under  which 
the  business  and  vocation  of  plumbing  may  be  carried 
on  in  the  City  of  Phoenix,  and  providing  penalties 
fo^  violation.  Amending  Ordinances  Numbers  463, 
592  and  551  (Old  Series),  with  an  emergency  clause. 

be,  and  the  same  is  hereby  amended  to  read  as  follows: 

(g)  The  proper  size  for  waste  pipes  for  the  fixture 

shall  not  be  less  than  the  following  sizes: 

TABLE  NO.  1. 

Water  Closets. 

Diameter  of  Soil  Pipes 

Vertical  Stacks.  No  of  Water  Closets  Served. 

4 in Not  exceeding  35 


6 in 

Diameter  of  Soil  Pipes 

Horizontal  Runs. 

4 in 

5 in 

6 in 

Diame'er  of  Soil  Pipe 

4 in 

5 in 

6 in 


61-100 

Water  Closets. 

.Not  exceeding  25 

26-40 

41-75 

Sand  Traps — Special  Detail 
in  Inspector’s  Office. 

.Not  exceeding  20 

11-20 

21-35 


City  of  Phoenix 


249 


Sizes  of  Waste  Pipes  for  Fixtures  with  1*4  Trap. 

Number  Name  of  Fixture  Sizes  of  Waste. 

1 Wash  Basin — Pantry — Sink — Drinking  Fountain,  Etc. 1%  in. 

2-4  “ *«  44  “ “ 4f  “ iy2  in. 

5-16  “ “ 44  44  " “ 2 in. 

17-30  “ ‘‘  44  44  44  44  v 2 V2  in. 

3 1 -5  0 44  44  4 4 4,4  4 4 4 4 4 4 3 in. 

51-80  44  “ 4 4 4 4 4 4 4 4 “ 3y2  in. 

Over  8 0 4 4 4 4 **  4 4 44  4 4 44  4 in. 

Size  of  Waste  Pipes  for  Fixtures  With  1 V2  in-  Traps. 
Number  Name  of  Fixture  Sizes  of  Waste 

1-3  Sinks,  Bath  Tubs,  Laundry  Trays,  Sitz  Tubs,  1 Yz  in. 

Shower  Bath,  Wall  Outlet  Urinals,  Etc. 

4-10  Do.  2 in. 

11-15  Do.  2%  in. 

16- 25  Do.  3 in. 

26-40  Do.  3^  in. 

Over  40  Do.  4 in- 

Size  of  Waste  Pipes  for  Fixtures  With  2 in.  Traps 
Number  Name  of  Fixture  Sizes  of  Waste 

1-3  Slop  Sinks  and  Urinal  with  Floor  Outlet 2 in. 

4-10  44  4<  44  44  44  44  44  2 V2  in. 

1 1 - 1 6 44  44  44  44  44  44  44  3 in. 

17- 35  44  4‘  44  44  44  44  44  4 in. 

Number  Size  of  Pipe  for  Following  Fixtures 

1 Soda  Fountains  and  Bars 2 in. 

2 44  44  44  44  . 2 % in. 

3 44  “ 44  44  .3  in. 

Limit  of  Length  of  Lead,  Cast  Iron,  Wrought  Iron  Waste  Pipe  on 

Horizontal  Runs. 


No  wx*ought  ii-on,  lead,  cast  ii-on  used  as  a waste  pipe  shall  exceed 
that  specified  in  table. 

Diameter  in  Inches  Length  in  Feet 

1 14  in 20  ft. 

1%  in.  20  ft. 

2 in 40  ft. 

In  determining  fixtures  equivalent  to  one  water 
closet,  allow  five  small  fixtures,  such  as  sinks,  wash  basins, 
slop  sinks,  bath  tubs,  laundry  trays,  etc.,  excepting  slop 
sinks  with  3 in.  traps  which  shall  be  the  ratio  of  3 to  1 
(water  closet). 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
5th  day  of  May,  1920. 

Passed  this  5th  day  of  May,  1920. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

T.  TREVILLIAN,  Deputy  City  Clerk. 


ORDINANCE  NO.  379 

An  Ordinance  amending  Subsection  (1)  of  Section  7, 
Ordinance  No.  234,  New  Series,  of  the  City  of 
Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 


250 


City  Ordinances 


That  Subsection  (1)  of  Section  7,  of  Ordinance  No. 
234,  New  Series,  of  the  City  of  Phoenix,  entitled: 

An  Ordinance  amending 

Section  4 f Paragraph  (G)  ; 

Section  4,  Paragraph  (P)  ; 

Section  4,  Paragraph  (R)  ; 

Section  5,  Paragraph  (D)  ; 

Section  5,  Paragraph  (E)  ; 

Section  6,  Paragraph  (F)  ; 

Section  6,  Paragraph  (L)  ; 

Of  Ordinance  No.  118 

be,  and  the  same  is  hereby  amended  to  read  as  follows: 
(1)  Revent  pipes  for  fixtures  shall  not  be  less  than 
the  following  sizes  and  of  the  following  materials: 

Vent  Table. 

Inside  Water  Closets  or  Traps 

Diameter  of  Number  of  Traps  Not  More  Than 

Vent  Pipe  4 in.  in  Diameter 


1^4 

4 

2 

1 

iy2 

8 

4 

2 

1 

2 

16 

10 

6 

4 

4 

2 Vz  ... 

24 

18 

9 

6 

7 

3 

48 

36 

18 

16 

12 

3U. 

64 

48 

24 

20 

16 

4 

...104 

78 

39 

36 

26 

5 

188 

141 

70 

65 

47 

6 

312 

234 

117 

110 

78 

7 

468 

351 

175 

135 

117 

8 

652 

489 

245 

200 

163 

Drum  traps  listed 

according 

to  the 

size  of 

the  outlets. 

For  traps  larger  than  4 in.  in  diameter  the  vent  shall 
be  half  the  diameter  of  the  trap  for  4 in.  less  traps. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
5th  day  of  May,  1920. 

Approved  this  5th  day  of  May,  1920. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

T.  TREVILLIAN,  Deputy  City  Clerk. 


GAS  FITTING  ORDINANCES 
OF  THE  CITY  OF  PHOENIX. 

ORDINANCE  NO.  239 

An  Ordinance  providing  for  the  issuance  of  gas-fitting 
permits;  for  the  inspection  of  same;  for  regulating 
gas  fitting  and  manner  of  construction  in  the  City  of 
Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Permits  and  Fees:  It  shall  be  unlawful 

for  any  person,  firm  or  corporation  to  commence  or  to  do 
or  cause  to  be  done,  or  to  construct  or  cause  to  be  con- 
structed, or  to  use  or  cause  to  be  used,  except  for  service 
pipes,  meter  and  meter  connections,  any  gas  pipe,  gas 


City  of  Phoenix 


251 


fitting,  fixtures  or  appliances,  or  to  make  any  alterations 
or  changes  or  additions  to  any  gas  pipe,  gas  fitting,  fix- 
tures or  appliances  in  any  building  or  structure  or  any 
portion  thereof  in  the  City  of  Phoenix,  without  first  ob- 
taining a permit  from  the  City  Inspector  of  Buildings  so 
to  do. 

The  following  fees  shall  be  charged: 


For  permit,  including  approval  of  work — .$0.50 

For  each  outlet 10 


Sec.  2.  Inspection  and  Tests.  All  gas  fitting  work 
done  under  permit  shall  be  subject  to  the  inspection  and 
tests  hereinafter  prescribed,  and  notice  must  be  given 
to  the  City  Inspector  of  Buildings  by  the  person,  firm  or 
corporation  doing  such  work  or  causing  t he  same  to  be 
done,  immediately  after  said  work  is  ready  for  inspection. 

The  inspection  of  gas  fitting  work  done  under  permit 
shall  be  three,  viz. : A first  and  second  inspection  and  a 
fixture  inspection;  except  on  unconcealed  work,  such  as 
stove  run  or  fuel  run  of  pipe,  then  same  shall  be  made  at 
two  inspections,  second  and  fixture  inspections. 

The  first  inspection  shall  be  made  after  all  the  piping 
authorized  to  be  installed  under  the  permit  shall  have  been 
installed,  and  befpre  any  of  such  piping  has  been  covered 
or  concealed  or  any  fixtures  have  been  attached  thereto. 

The  second  inspection  shall  be  made  after  the  piling 
authorized  to  be  installed  under  the  permit  is  in  place  and 
has  been  covered  or  concealed.  For  second  inspection  all 
outlets  shall  be  capped  with  iron  caps  and  the  system 
shall  be  tested  with  air  to  a pressure  equal  to  a column 
of  mercury  6 inches  high  and  for  such  length  of  time  as 
the  inspector  shall  determine;  only  mercury  gauge . shall 
be  used. 

The  fixture  inspection  shall  be  made  after  all  gas 
fixtures  and  appliances  have  been  installed  and  before  gas 
has  been  used  or  furnished  through  or  by  means  of  such 
fixtures  and  appliances.  If  he  shall  deem  it  necessary,  the 
City  Inspector  of  Buildings  may  require  a test  by  mercury 
gauge  equal  to  2 inches  of  mercury  for  five  minutes  on 
the  entire  system  after  all  such  gas  fixtures  and  appliances 
shall  have  been  installed. 

Sec.  3.  Approval:  When  upon  examination  by  the 

City  Inspector  of  Buildings  it  appears  that  any  gas  fitting- 
work,  fixtures  or  appliances  are  defective,  either  in  con- 
struction or  material,  the  same  shall  be  altered  or  repaired 
to  conform  to  the  regulations  set  forth  in  this  Ordinance. 

When  any  gas  piping,  gas  fitting,  fixtures  or  ap- 
pliances for  the  installation  or  alteration  of  which  a permit 
has  been  issued  shall  be  found  on  inspection  to  conform 
to  the  rules  and  regulations  provided  by  this  ° -dinance, 
the  City  Inspector  of  Buildings  shall  issue  a certificate  of 
inspection  certifying  that  such  piping  or  fitting,  fixtures 
or  appliances  have  been  inspected  and  found  to  comply 
with  the  terms  of  this  Ordinance,  but  no  such  certificate 
shall  be  granted  until  such  piping,  fittings,  fixtures  or 
appliances,  respectively,  are  found  to  conform  to.  vsaid 
rules  and  regulations.  It  shall  be  unlawful  for  any  person, 


252 


City  Ordinances 


firm  or  corporation  to  use  any  gas  through  or  by  means 
of  any  piping  or  fittings,  fixtures  or  appliances  in  any 
building  or  to  furnish  or  supply  gas  to  be  used  through 
or  by  means  of  such  pipes  or  fittings,  fixtures  or  ap- 
pliances, until  the  same  shall  have  been  inspected  and 
approved  by  the  City  Inspector  of  Buildings  and  the  cer- 
tificate hereinbefore  provided  shall  have  been  issued 
therefor. 


Sec.  4.  Defective  Gas  Installation:  If  the  City  In- 

spector of  Buildings  shall  find  any  part  of  any  gas  pipe, 
gas  fitting,  fixtures  or  appliances  in  or  about  any  building 
in  the  City  of  Phoenix  to  be  not  properly  vented  or  in  any 
other  condition  dangerous  to  life  or  property,  he  shall 
notify  the  owner,  tenant  or  occupant  of  the  building  in 
which  such  gas  pipe,  gas  fittings,  fixtures  or  appliances 
are  located,  to  have  the  defects  repaired  immediately,  and 
to  refrain  from  using  gas  by  means  of  said  defective 
pipe  or  fittings,  fixtures  or  appliance  until  the  same  have 
been  repaired  or  altered  and  rendered  safe. 

The  City  Inspector  of  Buildings  shall  have  the  right 
and  power  to  cause  the  supply  of  gas  to  be  shut  off  until 
the  necessary  repairs  or  alterations  shall  have  been  made. 

The  City  Inspector  of  Buildings  shall  give  written 
notice  to  the  person,  firm  or  corporation  supplying  gas  to 
any  such  defective  pipes  or  fittings,  fixtures  or  appliances 
to  cease  the  supply  until  the  necessary  repairs  or  altera- 
tions have  been  made,  and  it  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  furnish  gas  for  use  in  or 
by  means  of  any  defective  gas  pipe  or  fittings,  fixtures  or 
appliances  after  receiving  such  notice,  until  the  necessary 
repairs  or  alterations  have  been  made. 

Before  making  any  connection  to  supply  gas  to  any 
building  that  has  not  already  been  supplied  with  gas  prior 
to  the  taking  effect  of  this  Ordinance,  the  person,  firm  or 
corporation  about  to  furnish  gas  thereto  s»"iall  ascertain 
whether  a certificate  of  inspection  has  been  issued  for 
the  gas  fitting  or  gas  piping,  fixtures  or  appliances  to  be 
supplied,  and  for  that  purpose  may  demand  the  production 
and  exhibition  of  such  certificate  by  the  owner,  tenant 
or  occupant  of  the  building  in  which  such  gas  piping  or  gas 
fitting,  fixtures  or  appliances  are  located  before  supplying 
gas  therefor. 


Sec.  5.  Gas  Piping:  The  following  rules  and  regula- 
tions shall  be  deemed  to  be  the  standard  for  the  construc- 
tion snd  installation  of  gas  piping  and  gas  fitting  work. 

The  minimum  diameter  of  gas  piping  installed  in  any 
building,  the  number  of  lineal  feet  and  the  maximum 
number  of  burners  allowed  shall  be  in  conformity  with  the 
following  table: 


Size  of  Pipe 
%-inch  (Vertical  only) 

^-ineh  

%-mch  

1-  inch  

1 14 -inch  


Length  Burners, 
Allowed  No.  of 


15 

feet 

2 

40 

feet 

8 

80 

feet 

25 

100 

feet 

45 

150 

feet 

80 

City  of  Phoenix 


253 


1 Mi-inch  250  feet  250 

2-  inch  400  feet  500 

2 Vz -inch  600  feet  900 


In  estimating  the  number  of  burners  allowed  for  gas 
piping,  each  outlet  through  the  ceiling  of  stores,  parlors, 
dining  rooms,  offices,  public  halls  and  rooms  used  for  sim- 
ilar purposes,  where  it  is  intended  that  these  outlets  are 
to  supply  gas  for  illuminating  purposes  only,  shall  be 
deemed  to  be  three  (3)  burners. 

For  each  outlet  in  the  ceilings  of  bedrooms,  bath- 
rooms, toilet  rooms,  public  halls,  pantries,  porches,  or 
bracket  lights,  where  it  is  intended  that  these  outlets  are 
to  supply  gas  for  illuminating  purposes  only,  allow  one 

(1)  burner. 

To  determine  the  number  of  burners  for  heating 
purposes,  allow  three  (3)  burners  for  each  gas  grate,  gas 
log  or  gas-heating  stove  or  appliance,  combination  boiler 
and  water  heater  or  non-automatic  gas  water  heater 
outlet;  ten  (10)  burners  for  each  outlet  for  a cook  stove 
or  so-called  hotplate. 

To  determine  the  number  of  burners  for  automatic  or 
automatic  thermal  gas  water  heaters,  allow : 

8 burners  for  each  Ms -inch  outlet. 

25  burners  for  each  %-inch  outlet. 

45  burners  for  each  1-inch  outlet. 

80  burners  for  each  ltd -inch  outlet. 

250  burners  for  each  1%-inch  outlet. 

500  burners  for  each  2-inch  outlet. 

The  diameter  of  the  supply  pipe  to  every  such  auto- 
matic or  automatic  thermal  gas  water  heater  shall  not  be 
reduced  in  size  from  the  meter  to  the  inlet  for  the  heater. 

No  such  heater  shall  be  connected  to  any  gas  pipe 
outlet  smaller  in  diameter  than  the  diameter  of  the  inlet 
pipe  on  the  heater. 

All  horizontal  pipe  shall  be  at  least  one-half  ( V2 ) inch 
in  diameter,  except  that  in  exposed  work  three-eighths 
( % ) inch  horizontal  pipe  for  a single  light  may  be  run  a 
distance  not  exceeding  twenty  (20)  feet. 

In  concealed  work,  where  practical,  all  center  outlets 
or  drops  shall  be  bent  in  preference  to  drop  pipes,  with 
straps  soldered  thereto.  No  center  light  or  drop  shall  be 
of  a smaller  diameter  than  one-half  ( y2 ) inch.  Bracket, 
fireplace  and  stove  outlets  shall  be  bent  and  have  an  off- 
set or  be  provided  with  bracket  elbows  to  prevent  removal. 

Gas  grates  and  fireplace  outlets  must  be  at  least  two 

(2)  inches  clear  of  the  finish  and  bottom  of  fire  basket. 
No  pipe  smaller  than  three-quarters  (%)  inch  shall  he  run 
for  cooking  stoves,  hotplates  and  instantaneous  heaters. 
Drop  pipes  for  center  and  bracket  outlets  shall  not  project 
through  the  finish  or  ceiling,  wall  or  partition  lines  more 
than  one  (1)  inch. 

All  gas  pipes  shall  be  well  secured  to  the  building 
and  shall  grade  or  incline  toward  the  meter,  and,  wherever 
necessary,  shall  be  provided  with  drip  pipes  so  as  to  pre- 
vent any  traps  or  depression  where  condensation  would 
remain. 


254 


City  Ordinances 


All  pipe  shall  be  laid,  when  practical,  above  joists  or 
beams  instead  of  beneath  them.  When  running  lines  or 
branches  across  beams  or  joists,  they  must  do  so  within 
36  inches  of  the  end  of  beams,  and  in  no  case  shall  the 
said  pipes  be  let  into  ;he  beams  more  than  2 inches  in 
depth. 

No  gas  piping  shall  be  placed  within  2 inches  of  any 
electric  wire  which  is  not  protected  by  conduit,  porcelain 
tubes,  flexible  loom,  insulating  joints  or  other  approved 
methods.  When  electric  wiring  must  be  moved,  altered 
or  protected  for  installation  of  gas  piping,  such  moving, 
altering  or  protecting  must  be  done  only  by  a bonded 
electrician. 

Wherever  drip  pipes  are  used,  the  end  of  such  drip 
pipe  must  be  exposed  and  so  arranged  to  be  easy  of 
access. 

Gas  piping  shall  not  be  filled  with  water  for  the  de- 
tection of  leaks,  nor  shall  gasfitters’  cement,  sealing  wax 
or  any  similar  composition  be  used  for  the  stopping  of 
leaks. 

No  union  joints  shall  be  used  in  concealed  places.  All 
union  joints  shall  be  ground  joints  without  gaskets. 

Sec.  6.  (a)  Hose  Connections  Prohibited:  No  hose 

connection  shall  be  used  for  conducting  gas,  and  in  place 
of  hose  connections  in  existing  buildings  rigid  gas  piping 
shall  be  installed,  except  in  the  following  cases: 

(1)  Portable  open  flame  room  heaters  may  have 
flexible  hose  connections  not  over  5 feet  in  length  to  hose 
cock  on  service  pipe. 

(2)  The  City  Inspector  of  Buildings  may  issue  a 
special  permit  for  the  use  of  flexible  connections  in  other 
cases  when  in  his  judgment  such  connections  will  not  con- 
stitute an  undue  hazard. 

(b)  Vents:  Every  gas  appliance  which  is  provided 

with  a vent  outlet  from  the  combustion  chamber  shall  be 
carefully  connected  with  a vent  pipe,  which  shall  extend  to 
the  outer  air. 

When  it  is  impracticable,  on  account  of  the  structural 
features  in  a building,  to  run  such  vent  pipe  to  and 
through  the  roof  of  the  building,  then  such  vent  pipe,  at 
the  discretion  of  the  City  Inspector  of  Buildings,  may  run 
to  the  exterior  wall  and  run  up  at  least  four  feet  on  the 
outside  of  such  wall. 

Every  such  vent  pipe  shall  have  an  internal  area 
equal  to  the  internal  area  of  the  vent  pipe  outlet  on  such 
heater.  For  each  additional  vent  pipe  connected  to  the 
main  vent  pipe,  the  area  of  the  main  vent  pipe  shall  be 
increased  fifty  (50)  per  cent  of  the  area  of  the  additional 
vent  pipe  or  pipes  connected  thereto. 

Every  such  vent  pipe  shall  be  constructed  either  of: 

(1)  Brick,  in  accordance  with  the  provisions  of  the 
Building  Ordinance  for  smoke  flues;  or 

(2)  Galvanized  iron  coated  on  the  interior  with  a 
preservative  approved  by  the  City  Inspector  of  Buildings. 
Every  such  vent  pipe  to  have  all  joints  soldered  and  to 
be  constructed  and  installed  in  such  a manner  as  to  pre- 
vent all  leakage  of  gas  or  fumes.  Said  vent  to  be  enclosed 


City  of  Phoenix 


255 


with  a galvanized  iron  sleeve  extending  the  full  length 
of  the  concealed  portion  of  such  vent  pipe,  and  so  con- 
structed with  metal  spacers  that  there  shall  be  a clear 
air  space  of  not  less  than  one-quarter  (%)  inch  all  around 
and  between  such  vent  pipe  and  sleeve,  and  the  exterior 
surface  of  every  such  sleeve  shall  be  covered  with  three  (3) 
thicknesses  of  asbestos  paper. 

(3)  Terra  cotta  or  concrete,  with  joints  securely 
cemented  together,  with  ends  which  fit  one  into  the  other 
or  fastened  together  by  means  of  a galvanized  iron  sleeve 
fitted  to  such  vent  at  each  joint;  or 

(4)  Iron  screw  pipe,  enclosed  with  a galvanized  iron 
sleeve,  or  with  an  iron  screw  pipe,  extending  the  full 
length  of  the  concealed  portion  of  such  vent  pipe,  and  so 
constructed  with  metal  spacers  that  there  shall  be  a clear 
air  space  of  not  less  than  one-quarter  ( % ) inch  ali 
around  and  between  the  two  pipes,  and  the  exterior  sur- 
face of  every  such  outer  pipe,  or  sleeve,  shall  be  covered 
with  three  (3)  thicknesses  of  asbestos  paper. 

Any  such  portion  of  such  vent  pipe  which  is  not  read- 
ily visible,  and  any  portion  of  such  vent  pipe  erected  in 
the  attic  space,  and  any  portion  of  such  vent  pipe  which 
comes  within  three  (3)  inches  of  any  wood  or  wood  lath 
and  plaster,  shall,  for  the  purpose  of  this  ordinance,  be 
deemed  to  be  concealed. 

Provided,  however,  every  vent  pipe  or  portion  there- 
of which  is  installed  in  any  part  of  any  building  other 
than  the  space  below’  the  first  floor,  or  in  the  attic  space, 
and  which  is  not  concealed  and  which  does  not  come  with- 
in three  (3)  inches  of  any  wood  or  wooth  lath  and  plaster, 
may  be  of  copper,  brass  or  galvanized  iron,  the  joints  of 
which  shall  be  securely  connected  together. 

(c)  Gas  Water  Heaters:  Every  gas  heater  here- 

tofore or  hereinafter  installed,  which  is  used  or  intended 
to  be  used  for  heating  water,  shall  be  connected  up  to  its 
gas  supply  with  iron  pipe  of  such  size  as  elsewhere  pre- 
scribed in  this  ordinance,  and  shall  be  connected  to  a 
vent  pipe  leading  to  and  through  the  roof  of  the  building 
in  which  such  heater  is  installed. 

No  automatic  gas  heater  shall  be  vented  to  any  pipe, 
chimney  or  flue  to  v/hich  there  is  connected  any  appliance 
which  burns  fuel  other  than  gas. 

No  gas  heater  used  or  intended  to  be  used  for  heating 
water  shall  be  installed  or  placed  within  six  (6)  inches  of 
any  wood  lath  and  plaster,  unless  such  wood  or  wood  lath 
and  plaster  is  protected  by  means  of  tile,  brick,  con- 
crete, sheet  iron  or  steel,  or  other  similar  incombustible 
materials.  In  no  event  shall  such  heater  be  installed  with- 
in three  (3)  inches  of  any  wall  or  partition. 

No  gas  heater  used  or  intended  to  be  used  for  heat- 
ing water  shall  be  installed  in  any  closet,  offset  or  small 
alcove  unless  such  closet,  offset  or  alcove  is  of  fireproof 
or  fi^e-resisting  construction.  Where  fireproof  construc- 
tion is  used,  it  shall  be  either  brick,  tile,  concrete  or  other 
hard  fireproof  material  of  a character  satisfactory  to  the 
City  Inspector  of  Buildings.  Where  fire-resisting  con- 
struction is  used,  the  inside  of  the  closet,  offset  or  al- 


256 


City  Ordinances 


cove,  including  the  inside  surface  of  the  door,  if  there  be 
such  door,  and  the  floor  and  the  ceiling  thereof  which  is 
within  twelve  (12)  inches  of  any  part  of  the  gas  water 
heater,  shall  be  either  protected  with  metal  lath  and  plaster 
or  with  three  (3)  thicknesses  of  asbestos  paper  covered 
with  galvanized  iron,  or  protected  with  similar  fire-resist- 
ing material  of  a character  satisfactory  to  the  City  In- 
spector of  Buildings. 

In  every  bathroom  or  closet  where  any  such  heater  is 
installed  there  shall  be  provided  an  air  inlet  and  an  air 
outlet  independent  of  door  or  windows,  which  shall  be 
permanently  open.  The  air  inlet  shall  be  located  in  or 
near  the  floor  and  the  air  outlet  through  the  ceiling  or 
in  the  wall  contiguous  thereto.  The  minimum  area  of  such 
air  inlet  and  air  outlets  shall  be  thirty-six  (36)  square 
inches. 

(d)  Gas  Furnaces:  Any  gas  appliance  recessed  in 
or  attached  to  the  wall,  partition  or  floor  of  any  building 
where  such  gas  appliance  is  intended  to  be  used  for  the 
heating  of  the  building,  may  be  installed  other  than  as 
aforesaid,  when  such  heating  appliance  is  of  a type  con- 
structed with  a combustion  chamber  of  iron,  steel,  or 
asbestos  board  not  less  than  one-eighth  (Vs)  inch  thick  or 
a combination  of  these  materials  and  enclosed  with  an 
outer  jacket  of  similar  materials,  leaving  an  air  space  of 
at  least  one  (1)  inch  all  around  the  sides,  top  and  bot- 
tom between  the  combustion  chamber  and  the  outer 
jacket  and  so  installed  in  the  wall,  partition  or  floor  that 
no  woodwork  will  be  nearer  than  one  (1)  inch  to  any 
part  of  such  heating  appliance;  except  iron  flange  on  the 
front  if  installed  in  the  wall  or  partition  or  the  iron 
flange  on  the  top  thereof,  if  installed  in  the  floor,  and 
that  the  woodwork  under  or  around  such  iron  flange  be 
protected  with  asbestos  board  not  less  than  one-eighth  of 
an  inch  in  thickness,  said  asbestos  board  to  be  placed  be- 
tween such  woodwork  and  the  iron  flange,  and  provided 
further,  that  all  of  the  wood  that  comes  within  twelve 
(12)  inches  of  any  part  of  the  gas  burners  in  any  such 
gas  heating  appliance,  shall  be  protected  with  one-quarter 
( 14 ) inch  asbestos  or  such  one-quarter  ( 14 ) inch  asbestos 
may  be  securely  placed  or  fastened  to  the  outer  jacket  of 
the  appliance,  except  that  the  one-quarter  ( 14 ) inch 
asbestos  may  be  omitted  on  any  type  of  gas  heating  appli- 
ance which  is  constructed  with  a cast  iron  combustion 
chamber  having  not  less  than  two  air  spaces  between  the 
combustion  chamber  and  the  outer  jacket  and  having  the 
outer  jacket  covered  with  asbestos  paper  of  a weight  of 
not  less  than  twenty  (20)  pounds  to  the  one  hundred 
(100)  square  feet. 

Every  such  gas  appliance  which  is  provided  with  a 
vent  outlet  from  the  combustion  chamber  shall  be  care- 
fully. connected  with  a vent  pipe  as  hereinbefore  provided. 

Every  such  gas  appliance  which  is  provided  with  a 
vent  outlet  from  the  combustion  chamber  shall  be  care- 
fully connected  with  a vent  pipe  as  hereinbefore  pro- 
vided. 

(e)  Cooking  Appliances:  No  gas  stoves,  ranges, 


City  of  Phoenix 


257 


hot  plates  or  similar  appliances  may  be  pl^ed  nearer  than 
12  inches  to  any  unprotected  woodwork.  If  woodwork  is 
shielded  with  metal,  asbestos,  plaster  or  equivalent  pro- 
tection, this  distance  may  be  decreased  to  6 inches. 

Sec.  7.  Meters — Prohibited  Location:  No  meter  shall 
be  set  underneath  any  stairway,  in  any  clothes  or  storage 
closet,  in  any  room  used  for  sleeping  purposes,  in  any 
dead  space  between  floors,  under  show  windows,  nor  with- 
in 3 feet  of  any  electric  switchboard  or  similar  electric  ap- 
pliance. Meters  must  be  protected  from  dampness  and 
contact  with  the  ground. 

No  meter  shall  be  supported  by  piping,  but  shall  rest 
upon  substantial  supports. 

Sec.  8.  Stop  Cocks:  (a)  Within  Fire  Limits.  Every 
gas  main  supplying  buildings  or  structures  located  within 
the  fire  limits  shall  be  provided  with  an  approved  full  way 
cock. 

Stop  Cock  Box — Every  stop  cock  shall  be  provided 
with  an  extension  stop  cock  box,  extending  to  the  sur- 
face of  the  sidewalk  or  parking,  and  the  said  stop  cock 
box  shall  have  the  word  “Gas”  cast  upon  its  cover. 

Prohibiting  Location — No  outside  stop  cock  shall  be 
located  in  a vault  or  other  inaccessible  situation. 

Location — In  every  case  where  a stop  cock  is  placed 
between  the  curb  and  the  building  line,  it  shall  be  located 
opposite  to  the  building  which  it  serves.  In  alleys  the 
stop  cock  boxes  shall  be  placed  outside  of,  and  as  close  as 
possible  to  the  lot  line  and  the  building  served.  In  no 
case  shall  the  top  or  any  part  of  the  stop  cock  box  ex- 
tend above  the  surface  of  the  sidewalk  or  parking. 

(b)  Outside  Fire  Limits:  Every  gas  main  supplying 
buildings  or  structures  located  outside  the  fire  limits  shall 
be  provided  with  a heavy  main  full  way  cock,  which  shall 
be  readily  accessible  and  capable  of  convenient  operation 
from  the  exterior  of  the  building  or  structure  which  it 
serves. 

Sec.  9.  Penalty:  Any  person,  firm  or  corporation 
violating  any  of  the  provisions  of  this  Ordinance  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  punishable  by  a fine  of  not  less  than  ten 
dollars  nor  more  than  three  hundred  dollars  or  by  im- 
prisonment in  the  City  Jail  for  not  less  than  five  days 
nor  more  than  ninety  days,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  10.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance,  or  any 
section  or  part  thereof,  are  hereby  repealed. 

Sec.  11.  This  Ordinance  shall  be  in  force  and  effect 
thirty  days  after  its  passage  by  the  City  Commission,  ap- 
proved by  the  Mayor,  and  publication  and  posting  as  re- 
quired by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix,  this 
11th  day  of  December,  1918. 

Approved  this  11th  day  of  December,  1918. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


258 


City  Ordinances 


Paragraph  (o) 
Section  2 
Ordinance  No.  1 


PART  3 

ELECTRIC  INSTALLATION. 

ORDINANCE  NO.  461 

As  Amended  by  Ordinances  Nos.  1 and  32. 

An  Ordinance  creating  the  office  of  Inspector  of  Elec- 
tricity and  Providing  for  Electrical  Inspection. 

The  Common  Council  of  Phoenix  do  ordain  as  follows: 

Section  1.  The  City  Inspector  of  Buildings  shall  have 
supervision  and  control  of  electrical  plants,  machinery, 
transformers,  wiring,  fixtures,  appliances  and  devices  and 
the  installation,  direction  and  construction  of  any  and  all 
plants,  machinery  and  fixtures,  appliances  and  devices  for 
manufacturing  power,  heating,  lighting,  refrigerating  and 
domestic  purposes. 

Sec.  2.  That  it  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  place  or  install,  or  cause  or  permit 
to  be  placed  or  installed  in  any  building,  tent  or  other 
structure,  any  wiring,  apparatus  or  fixtures  for  the  use  of 
electricity,  or  to  make,  or  cause  or  permit  to  be  made, 
any  alteration  or  change  in  or  addition  to  any  wiring, 
apparatus  or  fixtures  for  such  use  without  first  obtaining 
fro  the  Citv  Insnector  of  Buildings  of  said  city,  signed 
by  him,  a written  permit  so  to  do;  and  it  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  do  or  perform  or 
to  cause  or  permit  to  be  done  or  performed,  any  work 
other  than  that  designated  in  such  permit.  Such  permit 
shall  also  state  the  location  by  street  and  number  of  the 
building  where  such  work  is  to  be  done,  and  shall  be  valid 
only  for  the  location  so  stated. 

Sec.  3.  All  electrical  construction,  all  material  and 
all  annliances  used  in  connection  with  electrical  work,  and 
the  operation  of  pH  pl^^ical  aooo-  <3  i 
the  City  of  Phoenix  shall  be  in  conformity  with  the  rules 
and  regulations  set  forth  in  what  is  known  as  the  “National 
Electrical  Code,”  being  rules  and  requirements  for  the 
installation  of  electrical  wiring  and  apparatus  for  electric 
light,  heat  and  power,  as  the  same  are  now  established, 
and  the  said  rules  and  regulations,  together  with  any 
amendments  and  changes  made  therein  from  time  to  time, 
and  also  any  rules  or  regulations  not  in  conflict  with 
said  National  Electrical  Code  that  may  be  made  from 
time  to  time  by  the  City  Inspector  of  Buildings,  are  hereby 
adopted  and  approved. 

Sec.  4.  Certification  of  Registration:  Every  cor- 

poration, co-partnership  or  individual  engaged  in  conduct- 
ing the  business  of  placing,  installing  or  operating  elec- 
trical wires,  appliances  and  apparatus,  or  construction  in 
or  on  buildings  in  the  City  of  Phoenix,  shall  appear  in 
person,  or  by  duly  authorized  representative,  at  the  office 
of  the  City  Recorder,  and  shall  there  register  his  name 
and  place  of  business  in  said  city  and  make  affidavit  that 
such  name  and  place  of  business  as  thus  registered  are 
correctly  stated,  and  thereupon  shall  be  entitled  to  a 
Certificate  of  Registration  from  said  City.  Recorder;  pro- 


City  of  Phoenix 


259 


vided,  that  no  such  certificate  shall  be  granted  for  more 
than  the  period  of  one  fiscal  year,  or  the  portion  thereof 
in  any  case  unexpired  at  the  time  of  the  granting-  of  the 
certificate. 

Sec.  5.  It  shall  be  unlawful  for  any  corporation, 
co-partnership  or  individual  to  engage  in  conducting  the 
business  of  placing,  installing  or  operating  electrical  wires, 
appliances,  apparatus  or  construction  in  or  on  building  in 
the  City  of  Phoenix  without  first  obtaining  a certificate 
of  registration  from  the  City  Recorder,  and  said  certificate 
must  be  renewed  as  herein  provided  for  within  thirty 
(30)  days  after  the  first  of  July  of  each  fiscal  year.. 

Sec.  6.  Contractors’  Bond:  Every  corporation,  co- 
partnership or  individual  engaged  in  conducting  the  busi- 
ness of  placing,  installing  or  operating  electrical  wires, 
appliances,  apparatus  or  construction  on  or  in  buildings 
in  the  City  of  Phoenix  before  registration  shall  give  a cash 
bond  to  the  City  of  Phoenix  in  the  sum  of  two  hundred 
and  fifty  ($250.00)  dollars  or  a surety  bond  with  good  Section  1 
and  sufficient  sureties  in  the  amount  of  one  thousand  Ordinance  No. 
($1,000.00)  dollars  for  the  faithful  compliance  with  the 
provisions  of  this  Ordinance,  “And  said  bond,  as  to  form 
and  sufficiency,  shall  meet  the  approval  of  and  be  ap- 
proved by  the  City  Manager  of  the  City  of  Phoenix,  and 
filed  with  the  City  Clerk,  and  whenever,  in  the  opinion 
of  the  said  City  Manager  of  the  City  of  Phoenix,  any 
bond  filed  hereunder  shall  be  or  become  insufficient, 
the  said  City  Manager  may  require  a new  and  sufficient 
bond  to  be  filed  in  lieu  thereof,  and  unless  such  new 
bond  is  filed  within  twenty-four  hours  after  demand 
therefor  by  the  City  Manager  of  the  City  of  Phoenix,  the 
certificate  of  registration  and  the  right  to  do  or  transact 
business  by  such  corporation,  co-partnership,  association 
or  individual  shall  be  forthwith  suspended,  and  shall 
remain  so  suspended  until  such  new  bond  so  required  by 
the  City  Manager  shall  have  been  furnished,  approved 
and  filed.” 

Sec.  7.  Revocation  of  Certificate  of  Registration: 

The  failure,  neglect  or  refusal  on  the  part  of  any  corpora- 
tion, co-partnership  or  individual,  after  due  notification 
by  the  City  Inspector  of  Buildings  to  correct,  obviate  or 
remove  any  fault,  error  or  deficiency  in  placing,  installing 
or  operating  electrical  wires,  appliances,  apparatus  or  con- 
struction in  or  on  buildings  in  said  city  shall  be  deemed 
sufficient  cause  for  the  City  Inspector  of  Buildings  to 
revoke  temporarily  said  certificate  of  registration,  and  he 
is  hereby  authorized  to  suspend  said  certificate  of  regis- 
tration for  a period  not  exceeding  thirty  (30)  days. 

Sec.  8.  City  Inspector  of  Buildings  to  Approve  Speci- 
fications: No  person,  firm  or  corporation  shall  place, 

construct  or  install  in  or  upon  any  building,  tent  or  other 
structure  in  the  City  of  Phoenix  any  electrical  apparatus 
without  first  filing  with  the  City  Inspector  of  Buildings 
of  said  city,  in  writing,  specifications  showing  the  kind 
and  nature  of  the  proposed  apparatus,  wires,  appliances 
or  construction  (as  the  case  may  be)  and  a description 


260 


City  Ordinances 


of  the  premises  where  it  is  proposed  to  place  or  install 
same,  and  securing  the  written  approval  of  the  City  In- 
spector of  Buildings  on  the  intended  installation. 

Sec.  10.  Certificate  of  Inspection.  Upon  completion 
of  the  wiring  on  any  building  it  shall  be  the  duty  of  the 
corporation,  co-partnership  or  individual  doing  the  same 
to  notify  the  City  Inspector  of  Buildings,  who  shall  at 
once  inspect  the  same,  and  if  approved  by  him  shall  issue 
a certificate  of  satisfactory  inspection,  which  shall  contain 
the  date  of  such  inspection  and  an  outline  of  such  exam- 
ination; nor  shall  current  be  turned  on  such  installation 
until  said  certificate  or  extension  be  issued;  nor  shall  any 
change,  alteration  or  extension  be  made  in  the  wiring  of 
the  building  after  inspection  without  notifying  the  said 
City  Inspector  of  Buildings. 

Sec.  11.  Electrical  Construction  Not  to  Be  Con- 
cealed. It  shall  be  unlawful  to  conceal,  or  cause  to  be 
concealed,  with  any  obstruction,  such  as  lath,  plaster  or 
partition,  any  wires,  apparatus  or  electrical  construction 
in  or  about  buildings  before  the  same  have  been  inspected 
by  the  City  Inspector  of  Buildings  or  his  authorized  rep- 
resentative. 

Sec.  12.  Inspector  to  Have  Right  of  Entry  to  Prem- 
ises: Any  corporation,  co-partnership,  association  or  in- 

dividual, or  agent,  thereof,  owning,  operating  or  in  pos- 
session of  any  electric  power  or  electric  light  or  power 
plant,  or  any  corporation,  co-partnership,  association  or 
individual  or  agent  thereof  owning  or  in  possession  of  any 
building  or  other  structure  within  the  City  of  Phoenix,  shall 
permit  the  City  Inspector  of  Buildings  to  enter  and  inspect 
such  plant  or  premises  once  in  every  three  (3)  months,  or 
oftener,  if  deemed  necessary  by  the  City  Inspector  of 
Buildings,  for  the  purpose  of  ascertaining  whether  the 
electrical  wires,  appliances,  apparatus,  construction  or 
equipment  in  or  about  said  plant,  building  or  other 
structure  are  in  conformity  with  the  provisions  of  this 
Ordinance,  and  it  shall  be  unlawful  for  any  occupant  or 
owner  of  premises  where  electrical  wires,  appliances*  ap- 
paratus, constructions  or  equipment  are  used,  or  any  per- 
son whatever,  to  prevent  or  interfere  with  any  inspector 
in  the  discharge  of  his  duties,  under  this  Ordinance;  pro- 
vided, however,  that  said  Inspector  shall,  upon  the  request 
of  the  owner  or  occupant  of  said  premises,  exhibit  his 
authority  to  make  such  inspection,  which  shall  be  signed 
by  the  City  Inspector  of  Buildings;  and  any  such  corpora- 
tion, co-partnership,  association  or  individual  or  agent 
thereof,  after  notice  in  writing  has  been  given  by  the 
City  Inspector  of  Buildings  that  any  portion  of  said  elec- 
trical wires,  appliances,  apparatus,  construction  or  equip- 
ment does  not  conform  with  the  provisions  of  the  National 
Electrical  Code,  as  provided  for  in  this  Ordinance,  shall 
make  such  repairs  and  alterations  as  may  be  necessary 
to  make  said  electrical  wires,  appliances,  apparatus,  con- 
struction or  equipment  conform  to  said  code,  and  failing 
so  to  do  within  five  (5)  days  after  said  notice  is  given, 
the  City  Inspector  of  Buildings  shall  and  he  is  hereby 
empowered  to  disconnect  and  remove  said  portion  of  said 


City  of  Phoenix 


261 


electrical  wires,  appliances,  apparatus,  construction  or 
equipment  so  found  not  to  be  in  conformity  with  said 
code;  and  the  City  Inspector  of  Buildings  shall  forthwith 
notify  the  corporation,  co-partnership  or  association  or 
individual,  or  agent  thereof,  supplying  the  electrical  power 
for  said  connection;  and  said  corporation,  copartnership,  as- 
sociation or  individual,  or  agent  thereof,  shall  not  renew 
said  power  supply  without  permission  from  the  City  Inspect- 
or of  Buildings,  and  said  company  shall  be  relieved  of  re- 
sponsibility for  discontinuing  such  service. 

Sec.  13.  Every  corporation,  co-partnership,  associa-  section  2 
tion  and  individual,  or  agent  thereof,  placing  or  installing  Ordinance  No  vj 
electrical  wires,  appliances,  apparatus,  construction  or 
equipment  in,  on  or  about  any  building  or  other  structure 
in  the  City  of  Phoenix  shall,  before  certificate  of  inspec- 
tion, as  provided  for  in  Section  10,  is  issued  by  the  City 
Inspector  of  Buildings,  pay  to  the  said  City  Inspector  of 


Buildings  the  following  fees,  viz.: 

For  each  permit  issued ,J0. 75 

For  each  outlet  at  which  current  is  controlled  or  is- 
sued   05 

Electric  signs,  660  watts  or  less..., 2.00 

Each  additional  660  watts  or  part  thereof 1.00 

Window,  outline,  border,  strip  and  foot  lights  under 

18-inch  spacing,  each 05 

For  arc  lamp  complete,  each 25 

For  each  and  every  electric  fixture 05 

Chandeliers,  three  sockets  or  under 05 

Each  additional  three  sockets  or  less 05 

For  each  motor  or  generator  of  1 H.  P.  or  less 50 

For  each  motor  or  generator  of  more  than  1 H.  P. 

and  not  more  than  5 H.  P 1.00 

For  each  motor  or  generator  of  more  than  5 H.  P. 

and  not  more  than  10  H.  P. 1.25 

For  each  motor  or  generator  of  more  than  10  H.  P. 

and  not  more  than  15  H.  P 1.50 

For  each  motor  or  generator  of  more  than  15  H.  P. 

end  not  o e thin  20  H.  P 2.00 

For  each  additional  10  H.  P.  over  20  H.  P . .50 

For  each  rectifier 1.25 

Other  current  or  voltage  regulating  devices,  each 25 

All  devices  consuming  an  excess  of  660  watts  will 
take  the  same  fee  as  motors  of  the  same  wattage  or  cur- 
rent consumption. 


Provided,  however,  that  the  minimum  amount  of  any 
bill  of  fees  to  be  charged  shall  not  be  less  than  75c  for 
any  job  where  the  cost  of  labor  and  material  exceeds 
$2.00  and  not  less  than  25  cents  where  the  cost  of  labor 
and  material  is  less  than  $2.00. 

Each  such  corporation,  co-partnership,  association  or 
individual,  or  agent  thereof,  before  commencing  the  plac- 
ii  n instrlM  ie  ires,  appli  . is, 

apparatus,  construction  or  equipment  in  or  about  any 
building  or  other  structure  within  the  City  of  Phoenix, 
and  at  or  prior  to  the  time  of  securing  a permit  for  the 
placing  or  installing  thereof,  shall  deposit  with  the  City 
Inspector  of  Buildings  such  sum  of  money  as  the  said 


262 


City  Ordinances 


City  Inspector  of  Buildings  shall  estimate  as  sufficient  to 
cover  the  total  amount  of  fees  to  become  due  to  the  city 
hereunder  for  such  contemplated  work.  However,  in  no 
event  shall  such  sum  so  to  be  deposited  be  less  than  the 
sum  of  two  ($2.00)  dollars.  And  upon  completion  of 
such  placing  and  installing,  and  after  inspection  and  pass- 
ing thereof  by  the  City  Inspector  of  Buildings,  the  fees 
due  to  the  city  under  Section  2 hereof  shall  be  deducted 
from  such  sum  of  money,  and  the  remainder,  if  any, 
shall  be  returned  to  the  corporation,  co-partnership,  asso- 
ciation or  individual  so  depositing  the  same,  together  with 
the  certificate  of  inspection  of  said  placing  of  installation. 

The  duties  herein  required  to  be  performed  by  the 
City  Inspector  of  Buildings  may  be  performed  by  the  said 
City  Inspector  of  Buildings,  or  by  assistants  authorized 
thereto  by  the  City  Commission  by  Ordinance  or  reso- 
lution. 

Sec.  14.  Fees  for  Extra  Inspection:  When  any  cor- 
poration, co-partnership,  association  or  individual,  or  agent 
thereof,  after  notice  has  been  given  in  writing  by  the 
City  Inspector  of  Buildings,  shall  be  found  to  have  inten- 
tionally or  negligently  violated  any  of  the  rules  or  regula- 
tions established  under  this  Ordinance,  or  when,  through 
any  such  violation,  by  corporation,  co-partnership,  asso- 
ciation, or  individual,  or  agent  thereof,  doing  the  work, 
it  is  necessary  to  make  extra  inspection  of  tbe  work,  there 
shall  be  charged  said  corporation,  co-partnership,  associa- 
tion or  individual,  or  agent  thereof,  for  such  extra  inspec- 
tion made  necessary  on  account  of  such  violation,  a fee 
of  not  to  exceed  seventy-five  (75)  cents  per  hour  for  the 
time  actually  consumed  by  each  inspector  making  such 
inspection,  and  for  the  inspection  of  electrical  wires,  ap- 
pliances, apparatus,  construction  or  equipment,  for  which 
no  fee  is  herein  prescribed,  and  for  the  inspection  of  tem- 
porary installation  for  decorative,  advertising,  theatrical 
or  similar  purposes  there  shall  be  charged  to  and  paid  by 
the  corporation,  co-partnership,  association  or  individual, 
or  agent  thereof,  installing  such  work,  a fee  not  exceeding 
seventy-five  (75)  cents  per  hour  for  the  time  actually 
consumed  by  each  inspector  making  such  inspection,  pre- 
vious to  obtaining  the  necessary  certificate  of  inspection, 
as  aforesaid. 

Sec.  15.  All  fees  herein  provided  to  be  paid  to  the 
City  Inspector  of  Buildings  shall  be,  by  said  Inspector,  at 
least  once  a month,  deposited  with  the  City  Treasurer,  and 
he  shall  take  the  receipt  of  such  Treasurer  for  all  moneys 
so  paid  to  him. 

He  shall  also  file  at  least  once  a month,  and  oftener 
if  required  by  the  Common  Council,  a detailed  statement 
with  the  City  Recorder  showing  the  name  of  the  person 
paying  such  fees,  the  location  by  lot  and  block  where  any 
electrical  work  has  been  done,  together  with  each  amount 
collected  by  him  for  any  person  as  fees  of  his  office. 

Sec.  16.  Damages:  If  any  person,  firm  or  corpora- 

tion shall  place  or  install,  or  cause  or  permit  to  be  placed 
or  installed  in  any  building,  any  wiring,  apparatus  or 
fixtures  for  the  use  of  electricity,  or  shall  make  or  cause 


City  of  Phoenix 


263 


or  permit  to  be  made  any  alteration  or  change  in  or  addi- 
tion to  any  wiring,  apparatus  or  fixtures  for  such  use, 
without  a permit  first  having  been  obtained  for  the  same 
as  required  by  this  Ordinance,  no  permit  shall  be  subse- 
quently issued  for  the  same  and  no  inspection  of  the  same 
shall  be  made  until  double  the  amount  of  fees  otherwise 
provided  by  Ordinance  are  paid  for  such  permit  and  in- 
spection. * 

Sec.  17.  Every  person,  firm  or  corporation  violating 
any  of  the  provisions  of  this  Ordinance  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  conviction  thereof  shall 
be  punishable  for  the  first  offense  by  a fine  of  not  less 
than  ten  ($10.00)  dollars  nor  more  than  thirty  ($30.00) 
dollars  or  by  imprisonment  in  the  City  Jail  for  a period 
of  not  less  than  five  (5)  nor  more  than  fifteen  (15) 
days,  or  by  both  such  fine  and  imprisonment;  for  a second 
offense  by  a fine  of  not  less  than  thirty  ($30.00)  dollars, 
nor  more  than  one  hundred  ($100.00)  dollars,  or  by  im- 
prisonment in  the  City  Jail  for  a period  of  not  less  than 
fifteen  (15)  nor  more  than  fifty  (50)  days,  or  by  both 
such  fine  and  imprisonment;  for  the  third  and  any  subse- 
quent offense,  by  a fine  of  not  less  than  one  hundred 
($100.00)  dollars,  nor  more  than  two  hundred  ($200.00) 
dollars,  or  by  imprisonment  in  the  City  Jail  for  a period 
of  not  less  than  fifty  (50)  days  nor  more  than  six  (6) 
months,  or  by  both  such  fine  and  imprisonment. 

Sec.,  18.  Every  person,  firm  or  corporation  violating 
any  of  the  provisions  of  this  Ordinance  shall  be  deemed 
guilty  of  a separate  offense  for  each  day  during  which, 
or  any  portion  of  which,  such  violation  continues,  and 
shall  be  punishable  therefor  as  herein  provided. 

Sec.  19.  This  Ordinance  shall  not  be  construed  to 
relieve  from  or  lessen  the  responsibility  of  any  person 
owning,  operating  or  installing  any  electrical  wires,  ap- 
pliances, apparatus,  construction  or  equipment,  for  dam- 
ages to  any  one  injured  by  any  defect  therein;  nor  shall 
the  city  or  any  agent  thereof  be  held  as  assuming  any 
such  liability  by  reason  of  the  inspection  authorized 
herein  or  the  certificate  of  inspection  issued  by  the  City 
Inspector  of  Buildings. 

Sec.  20.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  21.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  as  by 
law  required. 

Passed  by  the  Common  Council  of  Phoenix  this  5th 
day  of  May,  1910. 


CHAPTER  4 

WATER  WORKS— IRRIGATION. 

ORDINANCE  NO.  400 

Governing  the  operation  of  the  Water  Works  Plant  of  the 
^ity  of  Phoenix,  and  providing  for  the  appointment 
of  a Superintendent,  Chie£  Clerk,  and  Chief  En- 
gineer, of  said  plant,  and  prescribing  their  duties. 


264 


city  Ordinances 


The  Common  Council  of  Phoenix  do  ordain  as  follows: 
Section  1.  That  for  the  proper  administration  of  the 
water  service  and  the  operation  of  the  Water  Works  plant 
of  the  City  of  Phoenix,  from  and  after  the  first  day  of 
July,  1907,  there  shall  be  appointed  by  the  Common 
Council  one  (1)  Superintendent,  one  (1)  Chief  Clerk,  one 
(1)  Chief  Engineer,  and  such  other  additional  assistants 
as  may  be  required,  and  the  salaries  of  all  of  said  officers 
or  employees  so  appointed  shall  be  as  may  be  hereafter 
fixed  by  the  Common  Council,  and  said  Superintendent 
and  Chief  Clerk  before  entering  upon  the  discharge  of 
their  duties  shall  execute  bonds  as  may  be  deemed  proper 
and  just  to  insure  the  city  in  the  faithful  discharge  of 
their  respective  duties. 

Sec.  2.  The  Superintendent  shall  be  general  ex- 
ecutive officer  in  charge  of  the  operation  of  said  plant 
and  over  all  employees  therewith  connected,  over  all  engine 
houses,  engines,  pumps,  reservoirs,  stand  pipes,  pipe  lines, 
hTr  ^ts.  ' re  ches.  top-coc  s,  gate  alves  fire  blocks 
and  all  other  property  and  machinery  used  in  or  connected 
with  the  operation  of  said  plant,  and  shall  make  all 
repairs  deemed  necessary,  consistent  with  his  duties.  He 
shall  also  report  all  violations  of  this  Ordinance  to  the 
Common  Council,  and  when  deemed  necessary  make  com- 
plaint to  the  City  Recorder  of  any  violation  of  this  Ordi- 
nance or  any  amendment  thereof.  He  shall  also  attend 
to  and  control  the  water  supply,  at  all  times  see  to  the 
sufficiency  thereof,  and  shall  notify  the  public,  unless 
emergency  require  otherwise,  of  the  necessity  of  shutting 
off  any  pipe  line  for  the  purpose  of  making  repairs, 
extensions  or  connections,  should  have  cause  to  suspect 
or  know  beforehand  of  the  necessity  to  so  shut  off  the 
water  from  any  line  or  lines.  He  shall  also  have  general 
supervision,  subject  to  the  approval  of  the  Common 
Council,  over  all  charges  of  water  rents,  pipe  tapping, 
building  costs,  repairing,  etc.,  and  all  charges  not  herein 
expressly  provided  for  or  appearing  under  the  head  of 
“Special”  the  Superintendent  shall  be  governed  by  the 
relative  charge  made  to  other  consumers  for  like  water 
service.  In  the  performance  of  his  duties  as  required  by 
this  section,  the  Superintendent  shall  be  subject  at  all 
times  to  the  act  of  the  Common  Council,  and  such  regula- 
tions, directions  and  restrictions  as  said  Council  may  from 
time  to  time  prescribe.  The  Superintendent,  or  other 
employee  under  his  supervision,  shall  make  all  taps  of 
service  connections.  He  shall  keep  a record  of  all  con- 
nections made,  the  purpose  for  which  same  are  to  be  used, 
the  number  of  sinks,  closets,  basins,  baths,  and  other  fix- 
tures, together  with  the  name  of  the  owner  of  the  prop- 
erty, his  agent  or  representative.  The  fees  for  making 
such  taps  or  connection  shall  be  such  as  shall  be  herein- 
after stated  under  the  heading  of  “Rates.” 

Sec.  3.  The  Chief  Clerk  shall  be  the  recognized  first 
assistant  to  the  Superintendent,  and  in  the  absence  of  the 
latter  shall  perform  his  duties,  and  under  the  general 
supervision  of  the  Superintendent  shall  have  charge  of 
the  books  connected  with  the  operation  of  said  Water 


City  of  Phoenix 


265 


Plant,  and  make  all  collections  of  water  rents  or  other 
moneys  that  may  be  due  the  city  for  water  service  or 
become  due  by  reason  of  the  operation  of  said  plant,  and 
shall  issue  his  receipt  therefor.  All  receipts  issued  by  the 
Chief  Clerk  shall  be  on  regular  printed  forms,  and  issued 
in  the  name  of  “Water  Department  City  of  Phoenix,”  and 
shall  be  signed  by  the  City  Recorder  and  countersigned 
by  the  Chief  Clerk.  All  receipts  so  issued  and  signed  shall 
have  perforated  margins,  to  which  shall  be  attached  stubs, 
on  which  receipts,  as  well  as  stubs,  shall  be  written  the 
date  of  the  issuance  of  the  receipt,  the  purpose  for  which 
same  was  issued,  the  amount  received,  and  the  service 
number  thereof.  Receipts  issued  for  moneys  collected 
for  water  service  shall  be  known  as  “Water  Rental  Re- 
ceipts,” and  the  stubs  shall  be  filed  in  the  office  of  the 
Superintendent  each  day.  All  stubs  and  receipts  for  tap- 
ping charges,  repairs  or  other  sources  not  expressly  pro- 
vided for  herein,  shall  be  kept  in  a book  to  be  known 
as  “Miscellaneous  Receipts.”  Where  water  is  supplied 
through  meter  the  receipts  shall  contain  the  reading  of 
the  meter  by  gallons  or  cubic  feet  as  the  case  may  be, 
which  receipts  shall  have  stubs  attached  and  be  filed  as 
water  rental  stubs  are  required  to  be  filed.  The  City 
Recorder  shall  personally  sign  all  such  receipts,  but  for  his 
convenience  may  affix  his  signature  by  means  of  a rubber 
stamp  or  other  convenient  device.  In  the  absence  of  the 
Recorder  the  Common  Council  may  appoint  his  representa- 
tive to  perform  this  duty,  which  representative  may  sign 
all  such  receipts  in  the  name  of  the  City  Recorder  by 
himself  as  Acting  City  Recorder,  signing  his  name  thereto. 
The  Chief  Clerk  shall  receipt  to  the  City  Recorder  for  the 
total  number  of  receipts  signed  by  the  last-named  official 
as  well  as  the  total  amount  of  money  represented  by  such 
receipts  so  signed  by  the  City  Recorder,  and  said  Re- 
corder shall  keep  an  accurate  account  of  same  and  credit 
said  Clerk  with  the  amount  paid  by  the  Clerk  to  the  City 
Treasurer  as  evidenced  by  the  receipts  of  the  City  Treas- 
urer as  hereinafter  provided  to  be  delivered  to  the  City 
Recorder  by  said  Clerk  with  all  unused,  canceled  or  mutil- 
ated receipts  returned  by  said  Clerk  to  him  as  such  Re- 
corder. In  the  absence  of  the  Chief  Clerk  the  Council 
may  designate  some  person  to  act  in  his  place  and  stead, 
requiring  of  him  such  bond  or  bonds  as  it  may  deem 
necessary  for  the  city’s  protection.  The  Chief  Clerk  shall 
turn  all  moneys  collected  by  him  as  such  official  over  to 
the  City  Treasurer  whenever  the  total  amount  collected 
by  him  shall  equal  one  hundred  dollars  ($100.00)  ; pro- 
vided, however,  that  said  Clerk  shall  deposit  all  moneys  so 
received  by  him  at  least  once  a week  with  the  City  Treas- 
urer, and  in  all  cases  shall  take  the  receipt  in  duplicate 
of  the  City  Treasurer,  one  to  be  filed  with  the  City  Re- 
corder, one  to  be  retained  by  himself. 

The  Chief  Clerk  shall  also  submit  accurate  quarterly 
and  annual  statements  of  the  accounts  of  his  books,  or  any 
account  therein,  and  shall  make  such  other  reports  as  may 
be  required  by  the  Common  Council  from  time  to  time, 
and  all  moneys  paid  to  the  City  Treasurer  as  herein  pro- 


266 


City  Ordinances 


vided  shall  be  kept  by  said  Treasurer  in  a separate  fund 
to  be  known  as  the  “Water  Works  Fund/’  into  which  the 
said  Treasurer  shall  turn  all  moneys  received  by  him 
properly  belonging  to  such  fund,  and  shall  make  a quar- 
terly and  annual  report  of  all  such  moneys  so  deposited 
with  him  by  said  Chief  Clerk,  or  such  other  report  as 
may  be  required  by  the  Common  Council  from  time  to 
time.  No  moneys  shall  be  drawn  by  the  City  Treasurer, 
or  any  other  official,  from  said  Water  Works  Fund  except 
upon  a warrant  authorized  by  the  Common  Council  at  a 
regular  meeting  in  the  same  manner  as  other  warrants 
are  required  to  be  drawn  against  the  various  funds  of  said 
city;  and  all  repairs  and  operating  expenses  shall  be  paid 
by  warrant  drawn  on  the  Water  Works  fund. 

Sec.  4.  The  Chief  Engineer  shall  have  charge  of  the 
pumping  works  and  machinery,  and  perform  such  duties 
as  may  be  required  about  the  pumping  station.  He  shall 
keep  a careful  account  of  all  fuel  and  supplies  used  and 
all  repairs  made,  and  report  to  the  Superintendent  the 
condition  of  all  machinery,  pumps  and  boilers,  wells  and 
any  property  which  may  be  required  of  him.  He  shall 
make  a monthly  statement  of  all  fuel  used  or  supplies 
on  hand,  and  report  all  supplies  used.  He  shall  keep  an 
accurate  account  of  the  revolutions  of  his  engine,  the 
number  of  strokes  of  his  pump,  and  give  a daily  report  of 
the  number  of  gallons  of  water  pumped  for  each  twenty- 
four  (24)  hours. 

Sec.  5.  Any  individual,  firm,  company  or  corpora- 
tion, doing  or  desiring  to  do  business  as  plumber  or 
plumbers  in  the  City  of  Phoenix,  before  doing  any  work 
on  any  pipe  or  pipes  in  any  way  connected  with  the  Water 
Works  system  of  said  city,  or  making  any  connections 
thereto,  shall  make  application  to  the  Superintendent  for 
a permit,  which  application  shall  state  his,  their  or  its 
place  of  business  in  said  city,  his,  their  or  its  willingness 
to  be  governed  by  the  rules  and  regulations  as  herein  set 
forth  or  hereafter  adopted,  and  should  the  application 
meet  with  the  approval  of  the  Superintendent,  and  the 
applicant  shall  have  executed  a bond  to  the  Common 
Council  of  the  City  of  Phoenix  and  filed  the  same  with 
the  City  Recorder  in  the  sum  of  two  hundred  and  fifty 
dollars  ($250),  to  be  approved  by  said  Council,  condi- 
tioned for  the  due  performance  of  his,  their  or  its  duty  as 
plumber  or  plumbers,  and  to  save  and  keep  harmless  said 
city  from  all  damages  to  its  Water  Works  plant  or  con- 
nections arising  from  the  neglect  of  himself,  themselves 
or  itself,  agent  or  employees,  and  from  any  carelessness 
in  the  exercise  of  his,  their  or  its  business  as  plumber  or 
plumbers,  while  doing  work  making  connections,  or  other- 
wise affecting  the  Water  Works  plant  of  the  City  of 
Phoenix,  the  Superintendent  shall  issue  his  permit,  which 
shall  entitle  said  plumber  or  plumbers,  under  the  pro- 
visions of  this  Ordinance,  to  do  business  as  such  plumber 
or  plumbers.  Nothing  herein  provided,  however,  shall  be 
taken  or  held  to  affect  any  other  provision  of  this  Ordi- 
nance relating  to  any  requirement  herein  imposed  on  any 
plumber  or  plumbers,  and  any  plumber  or  plumbers  mov- 


City  of  Phoenix 


267 


ing  from  said  city  shall  forfeit  his  or  their  permit,  said 
permit  being  non-transferable.  The  Common  Council  may 
at  any  time  revoke  any  permit  so  issued  by  the  Superin- 
tendent for  any  violation  of  this  Ordinance. 

Sec.  6.  Any  plumber  having  a permit  may  connect 
to  any  tap  made  by  the  Superintendent  or  run  the  pipes 
of  distribution  for  any  purpose  stated  in  the  application, 
but  shall,  immediately  upon  the  completion  of  same,  turn 
off  the  water  at  the  curb  stop-cock,  after  having  thor- 
oughly tested  the  work,  and  leave  the  aforesaid  stock- 
cock  turned  off  until  permission  is  granted  in  writing,  by 
the  Superintendent  to  the  owner  or  agent  of  the  said 
property,  to  use  the  water  as  stated  in  the  application 
issued. 

Sec.  7.  Plumbers  when  called  upon  to  run  service 
pipes  shall,  in  all  cases,  place  the  curb  stop-box  over  the 
curb  cock,  which  shall  be  furnished  by  the  Superintendent, 
one  foot  inside  of  the  curb  line,  and  in  all  cases  said  stop 
and  box  shall  be  immediately  in  front  of  the  property  to 
which  the  said  service  is  to  furnish  the  water  supply.  All 
service  must  be  at  least  one  and  one-half  (1%)  feet 
below  the  established  grade  of  any  street,  alley  or  high- 
way through  which  it  may  be  required  to  run  the  same. 

Sec.  8.  Any  plumber  having  installed  any  plumbing 
fixtures  or  added  any  apparatus  using  the  water  furnished 
by  the  City  of  Phoenix,  extended  the  service  pipes  of  any 
service  already  connected  with  the  water  supply  pipes,  or 
added  any  fixture  whatever  to  the  water  pipe  of  any 
service,  shall,  when  a permit  has  been  issuel  to  use  water 
on  same,  or  when  the  work  has  been  completed,  make  a 
full  and  complete  report  to  the  Superintendent  within 
forty-eight  (48)  hours  after  the  completion  of  such  work, 
stating  fully  the  number  of  fixtures  installed,  the  exten- 
sions made,  giving  the  name  of  the  owner  of  the  property, 
the  location  of  same,  and  give  an  accurate  account  of  all 
the  purposes  for  which  water  is  to  be  used,  whereupon 
the  monthly  rate  shall  be  adjusted  or  readjusted  as  the 
case  may  require. 

Sec.  9.  In  no  case  shall  any  individual  or  plumber 
turn  on  the  water  supply  to  any  building  or  any  supply 
pipe,  where  the  supply  has  been  turned  off  for  the  non- 
payment of  the  monthly  water  rent  or  for  violation  of 
this  Ordinance  or  of  any  that  may  hereafter  be  adopted. 
All  water  that  has  been  turned  off  by  order  of  the  Super- 
intendent shall  be  turned  on  again  only  by  order  of  said 
officer,  and  the  City  of  Phoenix  shall  not  be  held  liable 
for  any  damage  that  may  result  from  the  shutting  off 
or  turning  on  of  any  supply  pipe  or  main  for  any  pur- 
pose whatsoever,  even  should  no  notice  have  been  given 
or  for  damage  caused  by  any  break  or  leak  in  any  water 
pipe  inside  the  curb  line;  all  supply  pipes  to  building 
should  be  properly  supplied  with  a suitable  stop-cock 
inside  the  property  line  to  insure  against  the  danger  of 
frost  or  breaks  which  may  cause  any  damage.  The  said 
stop-cock  should  be  kept  in  good  order  and  under  the 
control  of  the  consumer,  the  stop-cock  and  box  near  the 
curb  line  being  in  charge  of  the  Superintendent  or  his 


268 


City  Ordinances 


representative,  and  must,  under  no  circumstances,  be 
turned  on  or  off  or  tampered  with  by  any  other  person 
or  persons. 

Sec.  10.  Any  person  or  persons  desiring  to  use  water 
from  the  Water  Works  must  first  make  application  at  the 
office  of  the  Superintendent,  stating  fully  the  several  and 
various  uses  for  which  water  is  wanted,  giving  the  name 
of  the  owner,  the  number  of  the  lot  and  block,  name  of 
the  street  and  street  number,  and  upon  the  payment  of 
the  tapping  fee,  the  Superintendent  shall  make  the  neces- 
sary connections  and  furnish  a cast  iron  curb  stop  box 
and  curb  cock,  the  cost  of  which  is  included  in  the  tapping 
fee.  All  new  service  shall  be  turned  off  immediately 
upon  completion  of  the  work  upon  the  same,  and  the 
water  not  turned  on  again  until  a consumer’s  permit  has 
been  issued  to  use  water  on  the  premises,  and  in  the  event 
the  service  has  been  run  to  furnish  water  for  building 
purposes  it  shall  then  only  be  turned  on  when  the  water 
charges  for  building  purposes  have  been  paid,  the  receipt 
for  which  shall  be  recognized  as  a permit  to  use  the  water 
fpr  the  purposes  as  described.  And  it  is  hereby  made  the 
duty  of  all  persons  who  may  desire  water  for  building 
purposes,  to  make  application  at  the  office  of  the  Super- 
intendent for  the  use  of  same,  stating  fully  and  accurately 
the  number  of  rooms  the  building  is  to  contain,  or  the  size 
of  the  structure,  the  class  of  building,  or  other  information 
as  the  case  may  be,  and  on  payment  of  the  amount  as- 
sessed, a permit  will  be  granted  the  application  for  the 
purposes  stated. 

Sec.  11.  An  officer  or  employee  of  the  city  con- 
nected with  the  Water  Works  Department  may  enter  the 
premises  of  any  water  consumer  at  any  reasonable  time, 
to  examine  the  pipes  and  fixtures,  the  quantity  of  water 
used,  the  manner  of  its  use,  and  in  case  of  fraudulent 
representation  on  the  part  of  any  water  consumer  or 
unnecessary  waste,  the  supply  shall  be  shut  off  until  all 
charges  have  been  fully  paid.  Street  or  yard  sprinklers 
shall  not  be  converted  into  hydrant  jets  or  fountains,  or 
be  allowed  to  run  to  waste  in  the  gutters  of  the  streets 
or  upon  the  lawns  or  yards,  except  when  used  for  sprin- 
kling as  herein  provided.  No  premises  shall  be  sprinkled 
except  those  that  are  assessed  for  water  rent  for  that 
expressed  purpose,  and  then  only  by  use  of  a nozzle  not 
exceeding  one-fourth  (%)  inch  in  diameter,  or  by  a spray 
attachment,  except  by  written  consent  from  the  Superin- 
tendent. No  water  shall  be  used  by  consumers  between 
the  first  day  of  May  and  the  first  day  of  October  in  each 
year  for  sprinkling  purposes  except  between  the  hours  of 
five  a.  m.  and  seven  a.  m.,  and  five  p.  m.  and  nine  p.  m. 
of  each  day,  and  then  only  under  the  supervision  of  some 
person  on  the  premises  to  be  in  charge  of  the  same,  except 
where  a meter  is  used.  Persons  using  the  water  other 
than  through  a meter  for  sprinkling  or  irrigation  purposes, 
allowing  water  to  run  during  other  hours  than  those 
specified  in  this  act,  shall  be  liable  to  have  the  water 
turned  off  from  their  premises  without  notice,  and  it  shall 
not  be  turned  on  until  the  usual  fee  hereinafter  provided 


City  of  Phoenix 


269 


for  such  service  has  been  paid,  and  the  city  reimbursed 
for  the  amount  of  water  so  wasted,  and  shall  also  be  liable 
to  all  penalties  that  may  be  hereinafter  imposed  for  viola- 
tion of  any  provision  of  this  Ch'dinance.  No  hydrant,  bib 
or  hose  attachment  shall  be  placed  in  any  yard  or  area  of 
any  premises  so  situated  as  to  be  accessible  to  persons 
living  in  or  occupying  neighboring  premises,  unless  the 
owner  of  the  premises  first  named  becomes  responsible 
for  and  pays  the  water  rent  for  all  persons  using  water 
therefrom,  in  which  case  a separate  rent  shall  be  charged 
for  each  house,  store  or  premises  supplied,  and  if  supplied 
through  one  pipe  and  meter,  all  rents  must  be  paid  by  one 
party  on  one  bill. 

Sec.  12.  Should  the  connection  or  branch  pipe,  stop 
or  hydrant  cock  through  which  the  premises  of  any  person 
have  been  supplied  with  water,  leak,  or  need  repairing,  it 
shall  be  the  duty  of  such  person  forthwith  to  have  the 
same  repaired,  and  on  failure  to  do  so,  within  twenty- 
four  (24)  hours  after  notice,  supply  of  water  to  such 
premises  shall  be  shut  off. 

Sec.  13.  In  all  cases  where  water  is  used  on  any 
premises,  the  property  owner  or  his  agent  must  settle  for 
the  full  amount  of  the  rents  charged  against  the  property, 
and  the  Chief  Clerk  shall  not  receive  pay  from  tenants 
unless  said  tenant  sees  fit  to  pay  the  whole  rent  charged 
against  the  said  property. 

Sec.  14.  Any  person  wishing  to  discontinue  the  use 
of  water  supplied  by  the  city  must  give  notice  thereof 
at  the  office  of  the  Superintendent,  or  the  charge  for 
water  will  be  entered  until  such  notice  has  been  given, 
and  no  reduction  shall  be  made  to  any  water  consumer 
from  the  current  rate  unless  the  water  pipes  to  certain 
fixtures  have  been  disconnected  so  that  water  cannot  be 
drawn  from  same,  and  no  fixtures  which  have  been  so  dis- 
connected shall  again  be  connected  without  first  notifying 
the  Superintendent  or  the  Chief  Clerk.  No  allowance 
shall  be  made  consumers  in  any  case  for  more  than 
fifteen  (15)  days,  where  the  water  has  been  turned  off. 

Sec.  15.  Any  property  upon  which  water  is  or  has 
been  furnished  by  the  City  of  Phoenix,  which  may  not  for 
any  cause,  have  been  registered  or  assessed  for  water 
rents  on  the  books  of  the  Chief  Clerk,  s/iall  be  assessed 
for  the  water  rent  for  which  it  is  in  arrears,  and  upon 
the  failure  of  the  payment  of  same,  the  supply  shall  be 
turned  off  pending  a settlement.  The  rent  per  month  for 
water  so  supplied  shall  be  according  to  rates  as  herein- 
after stated,  and  any  consumer  who  may  feel  that  the 
assessment  for  water  rent  on  his  property  is  in  excess  of 
the  current  rate  shall  make  a complaint  to  the  Common 
Council,  in  writing,  stating  fully  his  claim  and  why  the 
rent  as  assessed  should  be  reduced.  All  water  rents  shall 
be  due  and  payable  at  the  office  of  the  Superintendent, 
between  the  hours  of  9 o’clock  a.  m.  and  5 o’clock  p.  m. 
on  the  first  day  of  each  month  for  service  during  each 
month,  and  if  not  paid  within  ten  (10)  days  thereafter 
the  supply  will,  without  notice,  be  turned  off  and  the 
charge  of  one  dollar  ($1.00)  will  be  added  for  the  cost 


270 


City  Ordinances 


of  turning  off  and  on  the  service,  except  where  water  is 
furnished  consumers  through  a meter,  in  which  event  the 
water  so  used  shall  be  paid  for  on  the  first  day  of  the 
month  for  the  water  used  during  the  preceding  month,  or 
within  ten  (10)  days  thereafter,  or  same  will  be  turned 
off  and  the  same  charge  made  for  turning  the  water  off 
and  on  as  hereinabove  provided  for  water  used  without 
a meter. 

Sec.  16.  If  in  the  opinion  of  the  Superintendent  the 
amount  of  water  used  on  any  premises  is  in  excess  of  the 
rent  collected,  it  shall  be  the  duty  of  the  Superintendent 
to  install  a meter  upon  such  premises  and  collect  for  all 
water  used  through  such  meter,  according  to  the  reading 
of  same  at  the  rate  hereinafter  set  forth  or  hereafter 
adopted.  Should  any  meter  fail  to  register  correctly  the 
amount  of  water  passing  through  it,  the  charge  of 
water  for  any  month  so  affected  shall  be  as  for  the 
average  for  the  last  three  (3)  months  preceding, 
and  said  meter  shall  be  immediately  repaired  to 
its  proper  order  or  be  replaced  by  another  and 
accurate  meter,  and  any  person  tampering  or  interfering 
with  the  working  of  any  meter  so  installed  shall  be  guilty 
of  a misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  as  is  provided  in  Section  26  of  this  Ordinance. 
The  minimum  rate  charged  for  water  by  meter  shall  in 
no  case  be  less  than  two  dollars  ($2)  per  month. 

Sec.  17.  If  any  person  or  persons  shall  open  or  close 
any  fire  hydrant  or  stop-cock  connected  with  the  Water 
Works  system  of  the  City  of  Phoenix,  lift  or  move  the 
covers  of  any  gate  valve,  or  should  any  officer,  without 
permission  from  the  Superintendent,  except  in  case  of 
fire,  and  then  under  the  direction  of  the  officers  of  the 
Fire  Department,  or  if  any  person  or  persons  shall  de- 
stroy,  deface,  impair,  injure  or  wantonly  force  open  any 
gate  or  door  or  in  any  way  whatever  destroy  or  deface 
any  part  of  any  engine  house,  reservoir,  trees,  crops  or 
fixtures  appertaining  thereto,  or  any  water  pipe,  fire 
hydrant,  fountain  or  any  fixture  or  property  appertaining 
to  the  Water  Plant  or  System  of  the  City  of  Phoenix,  or 
.hall  by  false  key  or  otherwise,  after  the  water  has  been 
shut  off  from  any  premises,  cause  said  premises  to  be 
supplied  with  water,  such  person  or  persons,  his  aiders  or 
abettors,  shall  be  guilty  of  a misdemeanor,  and  upon  con- 
viction be  fined  in  accordance  with  Section  26  of  this 
Ordinance. 

Sec.  18.  Any  person  whose  premises  are  or  may  be 
supplied  with  water  in  pursuance  with  this  Ordinance, 
shall  be  deemed  and  taken  to  assent  to  the  requirements 
of  the  same,  or  any  Ordinance  amendatory  hereof. 

Sec.  19.  The  rate  for  the  use  of  water  for  con- 
sumers shall  be  subject  to  such  change,  revision  and 
modification  as  the  Common  Council  may  deem  necessary. 

Sec.  20.  When  alarm  has  been  given  and  the  public 
notified  by  the  ringing  of  the  fire  bell,  all  hydrants  and 
fixtures  shall  be  imme'diately  turned  off  and  not  be  turned 
on  again  except  for  the  necessary  domestic  purposes,  dur- 
ing the  continuance  of  said  fire. 


City  of  Phoenix 


271 


Sec.  21.  The  following  monthly  rates  are  established 
and  assessed:  Any  water  supply  herein  mentioned  as 

“Special,”  and  any  water  to  be  supplied  not  herein  pro- 
vided for  shall  be  rated  by  the  Superintendent  subject  to 
the  approval  of  the  Common  Council,  and  all  rates  and 
charges  so  made  shall  be  entered  at  the  office  of  the 
Superintendent  and  collected  in  the  same  manner  as  reg- 
ular charges  are  collected,  and  no  water  shall  be  furnished 
by  the  city  to  any  person,  firm,  corporation  or  association, 


except  as  by  this  Ordinance  provided. 

Barber  Shops,  without  fixtures  $1.00 

Barber  Shops,  one  wash  basin,  one  chair 1.50 

Barber  Shops,  each  additional  chair 50 

Barber  Shops,  one  bath  tub ..  1.50 

Barber  Shops,  each  additional  tub 50 

Blacksmith  shops  Special 

Dwelling  houses,  domestic  purposes .. 1.50 

Horses  and  cattle  (more  than  one),  each 25 

Hotels  Special 

Livery  stables  and  corrals Special 

Rooming  houses  Special 

Saloons  2.50 

Stores  $1.00  to  4.00 

Stores  with  soda  fountains 2.00  to  5.00 

Hose,  for  each  25  ft.  lot  sprinkled .40 

Sec.  22.  In  addition  to  the  foregoing  flat  rate  there 
shall  be  added  an  extra  charge  per  month  for  each  fixture 
of  plumbing,  area  irrigated,  etc.,  as  follows: 

Baths,  in  dwelling  houses,  each $0.25 

Baths,  in  stores,  banks  and  offices  each.  .50 

Baths,  in  hotels,  rooming  or  boarding  houses,  each 50 

Baths,  in  bath  houses  1.00 

Baths,  in  saloons  . 1.00 

Urinals,  private  .25 

Urinals,  public  .50 

Wash  basins,  public  .50 

Water  closets,  in  dwelling  houses,  each... .50 

Water  closets,  in  shops,  each  .50 

Water  closets,  in  offices  50 

Water  closets,  in  stores  .50 

Water  closets,  in  rooming  houses  50 

Water  closets,  in  boarding  houses  50 

Water  closets,  in  halls  50 

Water  closets,  in  theaters  .50 

Water  closets,  in  saloons  .75 

Water  closets,  in  hotels  .75 


Sec.  23.  Meter  Rates:  For  each  one  thousand 

(1.000)  gallons  and  not  exceeding  one  hundred  thousand 

(100.000)  gallons,  used  per  month,  twenty  (20)  cents 
per  thousand  (1,000)  gallons;  for  more  than  one  hundred 
thousand  (100,000)  gallons  and  not  exceeding  two  hun- 
dred and  fifty  thousand  (250,000)  gallons  used  per  month, 
fifteen  (15)  cents  per  thousand  (1,000)  gallons;  for  more 
than  two  hundred  and  fifty  thousand  (250,000)  gallons 
used  per  month,  twelve  and  one-half  (12%)  cents  per 
thousand  (1,000)  gallons. 


272 


City  Ordinances 


Sec.  24.  Building  Rates: 

Brick  buildings,  each  barrel  of  lime  used $0.10 

Adobe  buildings  Special 

Frame  buildings  Special 

Sec.  25.  Tapping  Charges: 

%-inch  tap,  curb  stop-cock,  and  cast  iron  curb  box. ...$7.00 
1-inch  tap,  curb  stop-cock,  and  cast  iron  curb  box.  ..  9.00 

Larger  sizes  Special 

Sec.  26.  In  case  of  violation  of  this  Ordinance  or 
any  provision  or  amendment  thereof  for  which  no  penalty 
is  herein  expressly  provided,  such  violation  shall  be  deemed 
a misdemeanor  and  punishable  by  a fine  of  not  less  than 
five  dollars  ($5)  nor  more  than  one  hundred  dollars 
($100),  or  by  imprisonment  in  the  City  Jail  for  not  less 
than  five  days  nor  more  than  one  hundred  (100)  days,  or 
by  both  such  fine  and  imprisonment,  for  each  offense  so 
committed. 

Sec.  27.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  this  Ordinance  are  hereby  repealed. 

Sec.  28.  This  Ordinance  shall  be  in  force  and  effect 
from  and  after  its  passage  and  publication  as  required 
by  law. 

Passed  by  the  Common  Council  of  Phoenix  this  17th 
day  of  June,  1907. 

Approved  this  17th  day  of  June,  A.  D.  1907. 

L.  W.  COGGINS, 

Attest : Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  410. 

An  Ordinance  repealing  Ordinances  Nos.  89  and  105  of 
the  City  of  Phoenix,  and  fixing  the  price  to  be 
charged  for  irrigating  water  and  regulating  the  dis- 
tribution thereof  throughout  the  City  of  Phoenix. 
The  Common  Council  of  Phoenix  do  ordain  as  follows: 
Section  1.  The  Common  Council  shall  appoint  a 
Zanjero  and  such  assistant  Zanjeros  as  may  be  necessary 
for  the  proper  distribution  of  the  irrigating  water  through- 
out said  city,  who  shall  hold  office  at  the  will  and  pleasure 
of  said  Council. 

Sec.  2.  It  shall  be  the  duty  of  the  Zanjero  to  assist 
and  direct,  under  the  general  supervision  of  the  Superin- 
tendent of  Streets,  all  repairs  and  works  upon  all  the 
main  ditches  and  branches  of  the  same  that  run  or  may 
run  through  the  streets  and  alleys  of  the  city,  and  under 
the  direction  of  the  Superintendent  of  Streets;  he  shall 
have  the  supervision  and  government  over  the  same,  and 
take  care  to  prevent  any  obstructions  to  the  free  passage 
of  the  water  therein,  and  in  order  to  assist  him  in  carrying 
out  all  the  duties  assigned  to  him  by  this  Ordinance  shall 
have  control  and  supervision  over  the  Assistant  Zanjeros 
and  be  responsible  for  their  acts.  The  Zanjero,  together 
with  the  Assistant  Zanjeros,  shall  have  all  the  power  and 
authority  of  the  police  force  of  the  city  to  arrest  any 


City  of  Phoenix 


273 


person  or  persons  who  shall  take  or  steal  the  water  or  any 
portion  of  the  water  purchased  and  flowing  through  the 
ditches  of  the  city  to  any  other  party,  and  to  arrest  any 
person  who  shall  in  any  manner  violate  any  of  the  pro- 
visions of  the  Ordinances  of  the  city  in . relation  to  the 
management,  control  and  distribution  of  water  through 
the  ditches  of  the  city,  or  any  of  the  rules  and  regulations 
of  the  Common  Council  touching  upon  the  same. 

Sec.  3.  The  Superintendent  of  Streets,  in  addition  to 
the  duties  imposed  upon  him  by  any  other  Ordinance  or 
Resolution  of  the  City  of  Phoenix,  shall  have  full  charge, 
management  and  control,  under  the  direction  and  subject 
to  the  rules  and  regulations  of  the  Common  Council,  of 
the  distribution  of  all  water,  and  shall  be  accountable  to 
the  Common  Council  for  the  proper  distribution  of  such 
water,  and  the  control  and  supervision  of  the  Zanjero  and 
his  assistants,  and  examine  all  applications  for  water,  and 
inquire  into  and  ascertain  whether  more  water  is  being 
used  than  necessary  to  irrigate  any  particular  tract.  He 
shall  make  such  reports  and  recommendations  to  the  Com- 
mon Council  regarding  rates  to  be  charged  for  any  special 
tract  of  land,  which,  in  his  judgment  or  that  of  the  Com- 
mon Council,  may  seem  to  authorize  the  Council  making 
a special  rate,  different  from  the  table  of  rates  herein- 
after contained. 

Sec.  4.  The  City  Assessor  and  Tax  Collector  shall 
make  all  sales  of  irrigating  water,  and  to  that  end  shall 
keep  a book  in  which  shall  be  contained  the  names  of  all 
persons  purchasing  irrigating  water,  the  amounts  paid  by 
such  persons  for  the  water,  the  number  of  lots  and  blocks 
irrigated  and  description  thereof,  and  he  shall  issue  his 
receipts  therefor,  which  receipts  shall  be  numbered  con- 
secutively from  one  (1)  upwards,  and  shall  be  bound  in  a 
book  of  receipts  known  as  “Irrigating  Water  Receipts,” 
and  shall  be  so  arranged  as  to  have  stubs  attached,  with 
perforated  margins,  which  stubs  shall  set  forth  the  number 
of  the  receipt  issued,  to  whom  issued,  description  of  the 
property  for  which  the  water  was  purchased,  by  lots  and 
blocks,  or  by  metes  and  bounds,  the  amount  paid,  and 
said  receipts  shall,  before  being  issued,  be  countersigned 
by  the  City  Recorder  and  shall  not  be  transferable.  Such 
receipt  shall  be  sufficient  authority  for  the  Zanjero  or  his 
assistants  to  deliver  water  to  the  party  holding  same,  and 
it  shall  be  unlawful  for  any  person  to  collect  any  money 
or  deliver  any  irrigating  water  to  any  person  until  he 
shall  first  have  paid  the  City  Assessor  and  Tax  Collector 
the  amount  due  for  such  water.  All  moneys  received  by 
such  City  Assessor  and  Tax  Collector  for  the  sale  of  irri- 
gating water  shall  be  paid  to  the  City  Treasurer,  who  shall 
receipt  to  him  for  such  moneys,  and  the  City  Assessor  and 
Tax  Collector  and  the  City  Treasurer  shall  both  make  a 
report  to  the  Common  Council  of  all  moneys  so  received, 
in  their  quarterly  and  annual  reports,  or  oftener  if  the 
Common  Council  so  require. 

Sec.  5.  The  price  of  water,  to  be  paid  yearly  in 
advance,  on  or  before  the  15th  day  of  June  after  the 
passage  of  this  Ordinance,  and  annually  thereafter  on  the 


274 


City  Ordinances 


first  day  of  May  of  each  year,  or  within  fifteen  days 
thereafter,  shall  be  as  follows: 


Lots  Acreage 


1 

lot  

$ 3.50 

1 acre  

$11.00 

2 

lots  

5.50 

2 acres  

14.00 

3 

lots  — 

7.50 

3 acres  

16.00 

4 

lots  

9.00 

4 acres  

18.00 

5 

lots  

10.00 

5 acres  

20.00 

6 

lots  

11.00 

6. acres  

22.00 

7 

lots  

11.50 

7 acres  

24.00 

8 

lots  

12.00 

8 acres  

26.00 

9 

lots  

12.50 

9 acres  

28.00 

10 

lots  

13.00 

10  acres  

30.00 

11 

lots  

13.50 

More  than  10  acres, 

1.00 

12 

lots  

14.00 

per  acre  in  addition 
to  the  above. 

The  foregoing  table  of  lots  is  estimated  upon  a lot 
not  exceeding  fifty  (50)  feet  by  one  hundred  fifty  (150) 
feet  in  size;  and  a fractional  part  of  any  lot  or  acre  shall 
be  charged  for  at  the  same  rate  as  a full  lot  or  acre  as 
the  case  may  be,  and  the  price  of  water  for  a fractional 
part  of  a year  shall  be  the  same  as  for  the  full  year,  and 
where  water  is  purchased  for  more  than  one  lot  or  for 
more  than  one  acre,  the  foregoing  table  will  only  apply 
where  such  lots  or  acreage,  as  the  case  may  be,  are  con- 
tiguous, owned,  occupied  or  used  by  one  and  the  same 
person,  and  receiving  water  through  one  common  service 
gate,  provided,  however,  that  public  school  grounds  and 
grounds  used  for  church  purposes  within  the  corporate 
limits  of  the  City  of  Phoenix  shall  be  furnished  irrigating 
water  without  any  charge  therefor. 

Sec.  6.  All  persons  are  prohibited  from  making 
any  ditch  in  or  across  any  street  or  alley  in 
the  city,  except  under  the  direction  of  the  Superintendent 
of  Streets.  All  persons  are  prohibited  from  damaging  any 
water  ditch,  from  'making  or  causing  to  be  made  any 
aperture  or  opening  by  or  through  any  water  gate  or  in 
any  part  of  the  bank  of  any  water  ditch,  raising  or  causing 
to  be  raised  any  water  gate,  making  or  placing  any  water 
gates  in  any  water  ditch,  without  the  permission  of  the 
Superintendent  of  Streets;  destroying  or  causing  to  be 
destroyed  any  water  gate,  moving  or  causing  to  be  moved 
or  displaced  any  water  gate  without  permission  of  the 
Superintendent  of  the  Streets;  placing  or  causing  to  be 
placed  any  obstruction  impeding  the  free  current  and  dis- 
tribution of  the  water;  placing  or  causing  to  be  placed 
anything  that  will  injure  the  banks  of  the  ditches;  taking 
or  using  the  water  without  purchasing  the  same,  or  in  any 
way  diverting  the  water  to  the  injury  of  a purchaser. 
Any  person  guilty  of  either  of  the  offenses  set  forth  in 
this  section  shall,  upon  conviction,  be  found  guilty  of  a 
misdemeanor. 

Sec.  7.  (1)  Every  person  who  irrigates  from  the 

water  ditches  of  the  city  shall  make  and  place  a water 
gate  according  to  the  direction  and  satisfaction  of  the 
Superintendent  of  Streets.  Should  any  person  refuse  to 


City  of  Phoenix 


275 


do  this,  he  or  she  shall  be  deprived  of  the  use  of  the 
water  until  such  water  gate  is  made  and  placed  to  the 
satisfaction  of  the  Superintendent  of  Streets. 

(2)  Every  person  who  shall  take  out  water  for  irri- 
gating purposes  from  the  city  ditches  must  do  so  at  such 
places  as  may  be  designated  by  the  Superintendent  of 
Streets,  and  no  new  openings  or  water  gates  shall  be  made 
or  placed  in  any  ditch  except  under  the  direction  and  by 
consent  of  the  Superintendent  of  Streets. 

Sec.  9.  No  person  shall  make  or  cause  to  be  made 
any  breech  in  the  bank  of  any  water  ditch,  so  as  to  cause 
the  water  to  run  to  waste  or  to  the  injury  of  others,  nor 
is  any  person  allowed  to  so  construct  or  keep  their  private 
water  ditches  in  such  a manner  as  to  cause  a waste  of 
water  either  by  allowing  it  to  run  upon  any  street  or  alley 
or  upon  the  lands  or  lots  owned  by  such  person  that  he 
has  not  purchased  water  for. 

Sec.  9.  Every  person  who  purchases  water  for  irri- 
gation from  the  city  ditches  must  prepare  his  land  and 
so  make  his  private  ditches  that  there  shall  be  no  waste 
of  water  either  upon  the  streets  or  alleys  of  the  city  or 
to  the  injury  of  the  land  of  another,  and  the  Superin- 
tendent of  Streets  is  authorized  to  see  that  unless  private 
ditches  are  prepared  in  accordance  with  this  section,  such 
parties  so  offending  shall  have  their  water  supply  shut 
off  until  their  private  ditches  are  made  in  accordance  with 
this  section  and  to  the  satisfaction  of  the  Superintendent 
of  Streets. 

Sec.  10.  No  person  who  purchases  water  from  the 
city  ditches  to  be  used  for  irrigation  within  the  city 
limits  shall  be  allowed  to  sell  or  transfer  any  right  to  use 
such  water  for  the  benefit  of  another,  or  any  other  lot 
or  lots,  and  it  shall  be  the  duty  of  the  Superintendent 
of  Streets  to  immediately  cut  off  the  supply  of  water  so 
used  when  the  same  shall  come  to  his  knowledge. 

Sec.  11.  In  case  of  a scarcity  of  water  in  the  city 
the  purchasers  of  water  shall  have  only  such  water  for 
irrigation  purposes  in  such  quantities  and  for  such  length 
of  time  as  the  Common  Council  may  prescribe. 

Sec.  12.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  guilty  of  a misdemeanor  and 
on  conviction  therefor  shall  be  punished  by  a fine  of  not 
less  than  five  dollars  ($5.00)  nor  more  than  one  hundred 
dollars  ($100.00)  or  by  imprisonment  in  the  City  Jail  for 
a period  of  not  less  than  five  (5)  days  nor  more  than 
one  hundred  (100)  days,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  13.  Ordinance  No.  89,  entitled  “An  Ordinance 
concerning  the  water  districts,  water  committee,  Zanjero, 
price  of  water  and  the  distribution  of  water  throughout 
the  city  for  irrigation  purposes,”  and  Ordinance  No.  105, 
entitled  “An  Ordinance  to  amend  Ordinance  No.  89  of 
the  Common  Council  of  Phoenix,  concerning  the  water 
districts,  water  committee,  Zanjero,  price  of  water,  etc.,” 
and  each  and  every  section  of  said  Ordinances  and  all 
resolutions  and  orders  of  the  Common  Council  or  parts 


276 


City  Ordinances 


thereof,  in  conflict  with  this  Ordinance,  are  hereby  re- 
pealed. 

Passed  by  the  Common  Council  of  Phoenix  this  27th 
day  of  May,  A.  D.  1908. 

Approved  this  27th  day  of  May,  A.  D.  1908. 

L.  W.  COGGINS, 

Attest : Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  425. 

An  Ordinance  amending  Sections  3,  21  and  23  of  Ordi- 
nance No.  400  of  the  City  of  Phoenix,  entitled  an 
Ordinance  governing  the  operation  of  the  Water 
Works  plant  of  the  City  of  Phoenix,  and  providing 
for  the  appointment  of  a Superintendent,  Chief  Clerk 
and  Chief  Engineer  of  said  plant  and  prescribing 
their  duties. 

The  Common  Council  of  Phoenix  do  ordain  as  follows: 
Section  1.  That  Section  3 of  Ordinance  No.  400  of 
the  City  of  Phoenix,  in  so  far  as  said  section  requires  the 
City  Recorder  of  said  City  of  Phoenix  to  sign  all  receipts 
issued  by  the  Chief  Clerk  of  the  Water  Department  and 
to  keep  an  accurate  account  of  the  moneys  collected  by 
said  Chief  Clerk  as  represented  by  the  receipts  issued 
therefor,  be  and  the  same  is  hereby  repealed. 

Sec.  2.  That  Section  21  of  Ordinance  No.  400  of 
the  City  of  Phoenix  be  amended  by  striking  out  the  words 
and  figures,  “dwelling  houses,  domestic  purposes,  $1.50,” 
and  inserting  in  lieu  thereof  the  words  and  figures,  “dwell- 
ing houses,  domestic  purposes,  $1.00.” 

Sec.  3.  That  Section  23  of  Ordinance  No.  400  of 
the  City  of  Phoenix  be  and  the  same  is  hereby  amended 
to  read  as  follows: 

“Meter  Rates.  For  each  one  thousand  (1,000)  gallons 
used  per  month,  twelve  and  one-half  (12 ^c)  per  thou- 
sand gallons.” 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  as  re- 
quired by  law. 

Passed  by  the  Common  Council  of  Phoenix  this  16th 
day  of  March,  1909. 

LEWIS  W.  COGGINS, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  575. 

An  Ordinance  Amending  Section  3 of  Ordinance  No.  425 
“An  Ordinance  amending  Sections  3,  21  and  23  of 
Ordinance  No.  400  of  the  City  of  Phoenix,  Entitled 
An  Ordinance  Governing  the  operation  of  the  Water 
Works  Plant  of  the  City  of  Phoenix,  and  Providing 
for  the  appointment  of  a Superintendent,  Chief  Clerk 
and  Chief  Engineer  of  said  plant  and  prescribing  their 
duties.” 


City  of  Phoenix 


277 


The  Common  Council  of  the  City  of  Phoenix  do  or- 
dain as  follows: 

Section  1.  That  Section  3 of  Ordinance  No.  425  of 
the  City  of  Phoenix  be,  and  the  same  is  hereby  amended 
to  read  as  follows: 

“Meter  Rates:  For  each  one  thousand  (1000)  gal- 

lons used  per  month,  twelve  and  one-half  cents  (121/^c) 
' per  thousand  gallons,  except  where  water  is  used  for  pub- 
lic schools,  when  rate  shall  be  6%  cents  per  each  one 
thousand  gallons. 

Section  2.  This  ordinance  shall  take  effect  and  be 
in  force  from  and  after  its  passage  and  publication  as  re- 
quired by  law. 

Passed  by  the  Common  Council  of  Phoenix  this  6th 
day  of  December,  1913. 

LLOYD  B.  CHRISTY, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  47. 

An  Ordinance  empowering  the  City  Manager  to  purchase 
from  the  United  States  Reclamation  Service,  irriga- 
tion water  for  lot  owners  in  West  Capitol  Addition, 
under  certain  conditions. 

Be  It  Resolved  By  The  Commission  of  the  City  of 
Phoenix,  as  Follows: 

Section  1.  The  pity  Manager  is  hereby  authorized, 
empowered,  and  directed,  to  purchase  in  the  name  of  the 
City  of  Phoenix,  irrigation  water  from  the  United  States 
Reclamation  Service,  for  delivery  to  and  use  upon  lots 
in  West  Capitol  Addition,  as  shall  or  may  be  required  or 
needed  by  said  lot  owners,  whenever  the  said  lot  owners 
shall  so  request,  and  shall  pay  into  the  City  Treasury  of 
the  City  of  Phoenix  therefor,  the  price  and  cost  of  such 
water  so  required  or  desired  to  be  used  by  them  respec- 
tively, until  and  up  to  the  beginning  of  the  then  next  ir- 
rigation season. 

Section  2.  The  City  Manager  shall  cause  to  be  kept  a 
record  of  the  lots  and  lot  owners  drawing  or  using,  or  to 
draw  or  use  irrigation  water  under  each  lateral  and  head- 
gate  in  said  West  Capitol  Addition,  under  the  provisions 
of  this  ordinance,  and  of  the  amounts  of  money  paid 
into  the  City  Treasury  hereunder,  by  the  lot  owners  un- 
der each  lateral  and  headgate,  and  shall  notify  in  writing, 
the  proper  officials  of  the  United  States  Reclamation  ser- 
vice, to  deliver  water  for  irrigation  purposes  upon  the 
credit  of  the  City,  through  each  such  headgate  and  lat- 
eral, up  to  the  amount  or  amounts  so  paid  for  into  the 
City  Treasury  by  the  said  lot  owners  under  said  laterals 
respectively,  and  shall  further  request  the  said  officials 
of  the  United  States  Reclamation  Service,  that  when  said 
allotted  portion  or  amount  of  water  for  a particular  head- 
gate  and  lateral,  or  headgates  and  laterals,  respectively, 
is  exhausted,  to  thereupon  cease  further  delivery  of  water 


278 


City  Ordinances 


through  said  headgate  or  headgates,  until  further  notice 
from  the  City  Manager,  and  further  requesting  the  said 
officials  of  the  United  States  Reclamation  Service  to  fur- 
nish to  the  City  Manager  periodical  reports  of  the  amount 
or  amounts  of  water  served  and  delivered  to  the  said  lot 
owners  in  West  Capitol  Addition,  through  each  and  every 
headgate  and  lateral  therein,  and  charged  to  the  credit 
and  account  of  the  City. 

Section  3.  The  City  shall  not  charge  or  retain  any 
amount  or  amounts  of  money  to  or  from  the  lot  owners 
or  occupants  in  West  Capitol  Addition  respectively,  for 
the  service  and  use  of  irrigation  thereon  and  therefor, 
other  than  the  amount  or  amounts  charged  to  and  paid 
by  the  City  to  the  United  States  Reclamation  Service 
therefor;  and  the  City  of  Phoenix  shall  not  make  or  in- 
cur any  expense  or  expenditures  for  the  keeping  up,  main- 
tenance and  operation  of  headgates  or  laterals  in  West 
Capitol  Addition,  or  for  the  distribution  and  partition 
of  water  to  and  among  the  various  lot  owners  therein, 
other  than  such  expense  and  expenditure  as  is  otherwise 
herein  provided;  provided  that  if  the  lot  owners  and  oc- 
cupants under  a particular  lateral  or  laterals  shall  fail, 
neglect  or  refuse  to  keep  and  maintain  the  said  lateral 
or  laterals  clean  and  in  a good  state  of  condition  and  re- 
pair, and  free  and  clear  of  all  weeds,  grasses,  debris  and 
trash,  then  the  City  Manager  shall  forthwith  request  the 
proper  officials  of  the  United  States  Reclamation  Service 
to  cease  and  refrain  from  the  service  and  delivery  of  any 
further  irrigation  water  through  the  headgate  and  lateral, 
until  further  notice  from  the  City.  Manager,  which  said 
notice  shall  not  be  given  until  after  the  said  lot  owners 
and  occupants  shall  put  the  said  ditch  and  lateral  in  good 
condition  and  repair  and  to  the  satisfaction  of  the  City 
Manager. 

Sec.  4.  No  person  or  persons  shall  obstruct,  hinder 
or  impede,  or  interfere  with  the  flow  oiv  water  in  and 
through  any  headgate  or  lateral  in  West  Capitol  Addition, 
except  only  officers  of  the  United  States  Reclamation 
Service  thereunto  authorized,  and  the  person  or  persons 
occupying,  using  or  cultivating  lots  lying  under  and  ir- 
rigable from  a particular  lateral  or  laterals  therein,  and 
who  has  or  have  paid  into  the  City  Treasury  the  sum  or 
sums  of  money  so  estimated  as  sufficient  for  the  amount 
or  amounts  of  water  required  for  said  lot  or  lots,  during 
said  irrigation  season,  and  any  person  or  persons  violating 
the  provisions  hereof,  shall  be  guilty  of  a misdemeanor, 
and  punishable  by  a fine  of  not  more  than  ($25.00) 
Twenty-five  Dollars,  or  by  imprisonment  in  the  City 
Jail  for  not  more  than  twenty-five  (25)  days,  or  by  both 
such  fine  and  imprisonment. 

Sec.  5.  This  Ordinance  is  intended  to  confirm,  car- 
ry out,  and  render  effective,  the  provisions  and  terms  of 
Ordinance  No of  the  City  of  Phoenix,  an- 

nexing said  West  Capitol  Addition  to  the  City  of  Phoe- 
nix. 

Sec.  6.  Whereas,  by  the  terms  of  this  ordinance  an- 
nexing West  Capitol  Addition  to  the  City  of  Phoenix,  it 


City  of  Phoenix 


279 


is  provided  that  the  persons  owning,  using  and  occupying 
lots  in  West  Capitol  Addition,  reserve  and  retain  the 
right  to  purchase,  irrigation  water  for  the  irrigation  of 
their  said  lots,  direct  from  the  United  Stares  Reclamation 
Service,  and  free  from  the  interference  or  control  of  the 
City  of  Phoenix,  and 

Whereas,  under  recent  ruling  of  the  Secretary  of  the 
Interior,  owners  of  lots,  pieces  and  parcels  of  land,  ly- 
ing and  embraced  within  the  boundaries  of  an  incorpor- 
ated city,  are  no  longer  permitted  to  deal  directly  with 
the  United  States  Government  in  the  purchase  of  water 
and  water  service  for  said  lots,  pieces  and  parcels  of  land, 
and 

Whereas,  on  various  of  the  lots  in  West  Capitol  Ad- 
dition there  are  valuable  trees,  shrubbery,  foliage,  flow- 
ers, and  verdure,  all  of  which  requires  immediate  irri- 
gation and  service  of  water  to  prevent  serious  loss  there- 
to, and  the  provisions  of  this  ordinance  are  necessary  for 
the  immediate  preservation  of  the  peace,  health  and  safe- 
ty of  the  City. 

An  emergency  is  hereby  declared  to  exist,  and  this  Or- 
dinance shall  be  in  full  force  and  effect  from  and  after 
its  passage  by  the  Commission,  and  approval  by  the  Mayor, 
and  shall  be  published  as  required  by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  24th  day  of  May,  1915. 

Approved  this  24th  day  of  May,  1915. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

T.  TREVILLIAN,  Acting  City  Clerk. 


ORDINANCE  NO.  170. 

An  Ordinance  fixing  minimum  rates  for  the  City  Water 

service  where  meters  have  been  installed  at  the  ex- 
pense of  the  Water  User. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix  as  follows: 

Section  1.  That  wherever  a water  meter  shall  have 
been  installed  within  or  without  the  City  of  Phoenix  on 
any  service  connection  with  the  City  water  mains  at  the 
expense  of  the  water  user,  the  following  minimum  rates 
shall  be  charged : 

For  meters  with  five  eighths  inch  connections,  One 
Dollar  and  fifty  cents  per  month. 

For  meters  with  three-quarter  inch  connection,  One 
Dollar  and  seventy-five  cents  per  month. 

For  meters  with  one-inch  connection,  Two  Dollars  per 
month. 

For  meters  with  one  and  one-half  inch  connection, 
Two  Dollars  and  fifty  cents  per  month. 

For  meters  with  two-inch  connection,  Three  Dollars 
per  month. 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed. 


280 


City  Ordinances 


Passed  by  the  Commission  of  the  City  of  Phoenix  this 
10th  day  of  January,  A.  D.,  1917. 

Approved  this  10th  day  of  January,  1917. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  174. 

An  Ordinance  providing  for  the  installation  of  water 
meters  on  all  service  connections  outside  of  the  cor- 
porate limits  of  the  City  of  Phoenix  at  the  expense  of 
the  consumer,  with  an  emergency  clause. 

Whereas,  a large  number  of  residents  without  the  cor- 
porate limits  of  the  City  of  Phoenix  are  being  served  with 
water  from  the  Water  Department  of  the  City  of  Phoenix 
at  regular  flat  rates;  and 

Whereas,  by  reason  of  such  residences  being  situated 
without  the  corporate  limits  of  the  City,  supervision  over 
the  use  of  water  by  the  owners  and  occupants  of  such 
residences  is  made  difficult  and  in  many  instances  im- 
practicable; and 

Whereas,  by  reason  of  such  fact  such  non-resident 
water  users  consume  excessive  quantities  of  City  Water 
for  irrigation,  watering  of  stock  and  other  purposes  con- 
trary to  the  Ordinances  and  rules  and  regulations  of  the 
City  of  Phoenix,  by  reason  of  all  of  which  much  more 
water  is  furnished  to  such  non-resident  water  users  than 
actually  paid  for,  resulting  in  loss  to  the  City  on  such  ser- 
vice; causing  a depletion  of  its  water  supply  and  creating 
a menace  through  shortage  of  water  in  case  of  fires;  and 
Whereas,  the  bonded  indebtedness  of  the  City  Water 
Works  is  a lien  and  charge  upon  all  of  the  taxable  proper- 
ty within  the  City  of  Phoenix,  and  annual  payments  re- 
quired by  reason  of  such  bonded  indebtedness  a burden 
additional  to  the  water  rates  collected  from  residents  of 
the  City,  and  by  reason  of  the  fact  that  non-residents  of 
the  City  are  receiving  water  service  from  the  City  at  the 
same  flat  rates  as  charged  to  the  residents  within  the 
City,  such  non-resident  water  users  are  receiving  such 
service  at  a less  cost  than  residents  and  taxpayers  of  the 
City;  and 

Whereas,  it  is  the  judgment  of  the  Commission  of  the 
City  of  Phoenix  that  the  water  supply  of  the  City  would  be 
conserved,  a more  economical  administration  of  the  City 
Water  Department  inaugurated  and  maintained  and  the 
best  interests  of  the  residents,  taxpayers  and  citizens  of 
the  City  served  by  the  regulation  and  measurement  of  the 
water  supplied  to  non-resident  water  users,  and  that  be- 
cause of  the  fact  that  said  non-resident  water  users  are 
relieved  from  the  burden  of  said  taxation,  it  is,  in  the 
judgment  of  the  Commission,  reasonable  and  proper  that 
said  non-resident  water  users  should  pay  the  cost  of  in- 
stalling said  meters;  now  therefore, 

Be  it  Ordained  by  the  Commission  of  the  City  of 
Phoenix  as  follows: 


City  of  Phoenix 


281 


Section  1.  That  no  water  shall  be  furnished  by  the 
City  Water  Department  to  any  consumer  without  the  cor- 
porate limits  of  the  City  of  Phoenix  except  through  a 
water  meter  properly  installed  on  the  service  connection 
serving  such  non-resident  consumer. 

Sec.  2.  All  such  meters  shall  be  installed  at  the 
cost  and  charges  of  the  consumer  or  owner  of  the  prem- 
ises to  be  served,  but  all  such  meters  shall  be  maintained, 
repaired  and  replaced  when  necessary  at  the  expense  of 
the  City. 

Sec.  3.  The  rates  to  be  charged  for  such  water  ser- 
vice shall  be  the  same  as  now  provided  by  the  Ordinances 
of  the  City  of  Phoenix  or  as  hereafter  may  be  adopted. 

Sec.  4.  The  Superintendent  of  the  Water  Works  is 
hereby  ordered  to  enforce  the  provisions  of  this  Ordinance, 
and  he  is  hereby  empowered  and  ordered  to  disconnect 
the  water  service  of  any  person  failing,  within  fifteen  days 
after  this  Ordinance  shall  take  effect,  to  install  a meter  as 
provided  by  this  ordinance,  and  no  water  shall  thereafter 
be  delivered  to  any  non-resident  consumer  unless  a meter 
shall  have  been  installed  as  aforesaid. 

Sec.  5.  Whereas,  a shortage  of  water  for  the  use  of 
residents  and  citizens  of  the  City  of  Phoenix  and  for  the 
purpose  of  fire  control  is  threatened  by  reason  of  the  ex- 
travagant use  of  water  by  non-resident  consumers;  and 

Whereas,  it  is  necessary  for  the  public  peace,  health 
and  safety  of  the  City  of  Phoenix  that  this  ordinance  be- 
come immediately  operative;  now  therefore, 

An  Emergency  is  hereby  declared  to  exist,  and  this 
ordinance  shall  be  exempted  from  the  provisions  of  the 
referendum,  and  shall  be  in  full  force  and  effect  from  and 
after  its  passage  by  the  Commission,  publication  and  post- 
ing as  required  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
3rd  day  of  February,  1917. 

Approved  this  3rd  day  of  February,  1917. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  469. 

An  Ordinance  supplemental  to  Ordinance  No.  400,  Old 
Series,  regulating  the  times  when  sprinkling  may  be 
done  and  in  what  manner  it  may  be  done,  and  pro- 
viding penalties  for  its  violation. 

Be  it  Ordained  by  the  City  Commission  of  the  City  of 
Phoenix  as  Follows: 

Section  1.  No  water  may  be  used  by  consumers  for 
sprinkling  purposes  except  upon  alternate  days;  those  con- 
sumers whose  lots  shall  front  towards  the  south  and  east 
sides  of  streets  or  avenues  on  the  uneven  days  of  the 
month,  and  those  whose  lots  front  towards  the  north  and 
west  sides  of  streets  or  avenues  on  the  even  days  of  the 
month.  No  sprinkling  shall  be  done  except  at  such  hours 
as  may  be  designated  by  the  Superintendent  of  Water 


282 


City  Ordinances 


Works  Dept.  No  one  shall  permit  any  sprinkling  or  use 
water  for  spraying  or  sprinkling  purposes  after  a fire 
alarm  is  sounded  until  notified  by  the  same  way  that 
any  such  fire  is  out.  No  consumer  of  water  shall  use  the 
same  for  sprinkling  or  irrigation  purposes  otherwise  than 
by  the  use  of  an  approved  nozzle  or  spray  attachment.  All 
persons,  whether  on  flat  rate  or  meter  service,  who  shall 
use  water  for  spraying  or  sprinkling  purposes  otherwise 
than  as  hereinbefore  provided  shall  be  subject  to  having 
the  water  turned  off  from  their  premises  without  notice, 
which  may  not  be  turned  on  again  until  the  usual  fee 
of  $1.00  provided  for  such  service  has  been  paid  and 
shall,  in  addition,  be  liable  to  the  penalties  hereinafter 
provided  for  violation  of  any  provision  of  this  Ordinance. 

Sec.  2.  Any  person  violating  any  of  the  provisions 
of  Section  1 hereof  shall  be  deemed  guilty  of  a misde- 
meanor and  be  punishable  by  fine  of  not  less  than  Five 
Dollars  nor  more  than  Fifty  Dollars,  or  by  imprisonment 
in  the  City  Jail  for  not  more  than  ten  days,  or  by  both 
such  fine  and  imprisonment  for  each  offense  so  com- 
mitted. 

Sec.  3.  This  Ordinance  is  supplemental  to  Ordinance 
No.  400,  Old  Series,  and  is  not  to  be  construed  as  a re- 
peal of  any  of  the  provisions  of  said  Ordinance  except 
where  the  same  is  inconsistant  with  any  of  the  provisions 
thereof. 

Sec.  4.  That,  owing  to  the  present  inadequate  sup- 
ply of  water  available  for  use  by  the  City  within  the  City, 
it  is  necessary  for  the  public  health  and  safety  that  this 
Ordinance  shall  go  into  effect  immediately,  an  emergency 
is  hereby  declared  to  exist  and  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  ap- 
proval and  publication  as  provided  by  law. 

Passed  by  the  City  Commission  of  the  City  of  Phoe- 
nix this  Twenty-seventh  day  of  April,  1921. 

Approved. 

FRED  O.  ADAMS, 

Attest:  Vice-Chairman. 

HELEN  C;  FAHEY, 

Deputy  City  Clerk. 

CHAPTER  V. 

LICENSES. 

ORDINANCE  NO.  54. 

An  Ordinance  for  licensing  and  regulating  the  carrying 
on  of  certain  professions,  trades,  callings,  businesses 
and  occupations  carried  on  within  the  limits  of  the 
City  of  Phoenix,  and  providing  punishment  for  viola- 
tions hereof. 

Be  it  Ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  or 
persons,  firms,  associations  or  bodies  corporate,  or  other- 
wise, or  as  officers  of  any  corporation,  to  carry  on  any 
trade,  calling,  profession,  business  or  occupation  in  this 
Ordinance  specified,  without  having  first  procured  a li- 


City  of  Phoenix 


283 


cense  from  the  city  so  to  do,  and  each  and  every  day  or 
fractional  part  of  a day  that  any  trade,  calling,  profes- 
sion, business  or  occupation  in  this  Ordinance  specified 
is  conducted  or  carried  on  without  such  license  shall 
be  deemed  a misdemeanor,  and,  except  in  cases  where  a 
different  punishment  is  prescribed  by  this  ordinance,  the 
offender  shall  be  punishable  by  a fine  of  not  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  City  Jail 
for  a term  of  not  more  than  ninety  days,  or  by  both  such 
fine  and  imprisonment;  and  the  amount  of  such  license 
fee  shall  be  deemed  a debt  to  the  City  of  Phoenix,  and 
such  person,  firm,  association  or  body  corporate,  so  fail- 
ing to  pay  any  such  license,  shall  be  liaole  to  an  action 
in  the  name  of  the  City  of  Phoenix  in  any  court  of  com- 
petent jurisdiction  for  the  amount  of  the  license  fee  of 
such  trade,  calling,  profession,  business  or  occupation  as 
he  or  they  shall  or  may  be  engaged  in,  together  with  all 
costs  of  suit. 

The  language  used  in  this  Ordinance  shall  be  defined 
as  follows: 

(a)  A “transient  merchant”  within  the  meaning  of 
this  Ordinance  shall  include  every  person  who,  not  for 
or  in  connection  with  a business  at  a fixed  place  within 
the  City  of  Phoenix,  solicits  orders  from  house  to  house 
for  future  delivery  of  goods,  or  who  shall  deliver  goods 
previously  solicited  by  a solicitor,  at  retail,  on  an  order 
for  future  delivery. 

(b)  As  used  in  this  Ordinance,  the  terms  “peddlers” 
and  “hawkers”  shall  include  solicitors  and  other  vendors 
not  having  a permanent  place  of  business  in  Phoenix  and 
not  herein  otherwise  specifically  licensed  or  permitted 
to  sell  any  class  of  good  whatsoever. 

(c)  As  used  in  this  Ordinance,  the  terms  “street 
Vendor”  includes  all  persons  engaged  in  selling  in  or  upon 
the  streets,  alleys  or  vacant  grounds  within  the  city,  any 
goods,  wares,  merchandise  or  articles,  including  photo- 
graphs, and  also  includes  all  persons  engaged  in  con- 
ducting upon  the  streets,  alleys,  or  vacant  grounds  of  the 
city  any  ring,  knife  or  similar  game,  or  any  “faker”  bus- 
iness, game  or  device. 

Sec.  2.  Application  for  license  herein,  or  hereafter 
required,  shall  be  made  in  writing  to  the  City  Col- 
lector, which  said  application  shall  be  as  is  herein,  or 
may  hereafter  be,  required. 

Sec.  3.  All  licenses  issued  under  tlie  provisions  of 
this  Ordinance  shall  state  the  person  to  whom  issued,  the 
business  calling,  occupation,  vocation,  profession  or  trade 
to  be  followed  or  carried  on,  and  the  place  or  places  at 
which  the  same  is  to  be  conducted  or  carried  on,  and  the 
amount  of  the  license  tax  or  fee  therefor,  and  shall  be 
in  the  form  to  be  prescribed  by  the  Commission.  They 
shall  be  signed  by  the  City  Collector,  who  shall  make  de- 
livery thereof  upon  receipt  by  him  of  the  amount  therein 
shown.  Duplicates  of  each  original  license  issued  shall 
also  be  made,  and  each  applicant  receiving  an  original  li- 
cense shall  receipt  therefor  upon  said  duplicate,  and  the 
City  Collector  shall,  at  the  close  of  business  of  each  day, 


284 


City  Ordinances 


deliver  to  the  City  Treasurer  the  receipted  duplicate  of 
all  licenses  delivered  by  him  during  the  course  of  the 
day,  together  with  the  funds  and  applications  made  there- 
for accompanying  same;  and  shall  also  keep  a full  and 
accurate  record  and  account  of  all  licenses  delivered  by 
him  and  to  whom  issued  and  the  amount  received  there- 
for, in  a separate  book  or  file  kept  for  that  purpose. 

By  written  consent  of  the  City  Manager,  any  license 
issued  by  the  City  may  be  assigned  or  transferred,  but 
any  attempted  assignment  or  transfer  thereof,  without  such 
written  consent,  shall  be  void  and  shall  work  a forfeiture 
of  such  license  and  of  all  license  fees  and  taxes  paid 
therefor. 

Sec.  4.  All  licenses  shall  be  paid  for  in  advance  in 
legal  money  of  the  United  States  at  the  office  of  the  City 
Collector;  and  except  as  otherwise  provided  shall  author- 
ize the  person,  firm,  association  or  body  corporate  ob- 
taining it  to  carry  on,  pursue  or  conduct  only  that  trade, 
calling,  profession,  business  or  occupation  described  in 
such  license,  and  only  at  the  location  or  place  indicated 
thereby. 

The  licenses  in  this  Ordinance  provided  for  single 
performances  or  parades  or  for  single  days  shall  be  due 
and  payable  to  the  City  on  the  morning  and  in  advance  of 
such  show,  performance  or  parade. 

The  monthly  license  in  this  Ordinance  provided,  or 
hereafter  required,  shall  be  due  and  payable  to  the  City 
on  the  first  day  of  each  calendar  month. 

The  quarterly  (quarter-yearly)  licenses  in  this  Or- 
dinance provided,  or  that  may  hereafter  be  required, 
shall  be  due  and  payable  to  the  city  on  the  first  days  of 
July,  October,  January  and  April,  and  ail  such  quarterly 
licenses  shall  end  with  the  last  days  of  September,  De- 
cember, March  and  June,  respectively,  of  each  year. 

The  yearly  licenses  in  this  Ordinance  provided,  or  that 
may  hereafter  be  required,  shall  commence  upon  the  first 
day  of  the  quarter  in  which  the  same  is  issued  and  shall 
end  upon  the  last  day  of  the  third  succeeding  quarter. 

Quarterly  licenses  procured  during  quarters  shall  be 
pro-rated  for  that  quarter,  but  no  monthly  or  yearly  li- 
cense shall  be  pro-rated. 

Sec.  5.  Every  person,  firm,  association  or  corpora- 
tion having  a license  under  the  provisions  of  this  Ordin- 
ance, or  of  any  Ordinance  hereafter  adopted,  shall  place 
or  exhibit  the  same  at  all  times  while  in  force  in  some 
conspicuous  place  in  his,  her,  their  or  its  place  of  busi- 
ness, and  shall  produce  or  exhibit  the  same  when  apply- 
ing for  a renewal  thereof  or  when  required  so  to  do  by 
any  police  officer  or  by  any  person  charged  with  the  is- 
suance of  licenses  or  the  collection  of  license  taxes  or 
fees. 

Every  peddler  or  hawker  of  goods,  wares  or  merchan- 
dise. while  engaged  in  peddling  or  hawking  shall  carry 
his  license  and  exhibit  it  when  requested  by  any  police  of- 
ficer or  by  any  officer  charged  with  the  issuance  of  li- 
censes or  the  collection  of  license  fees  or  taxes. 


City  of  Phoenix 


285 


Sec.  6.  It  shall  be  the  duty  of  all  police  officers  to 
ascertain  and  report  at  once  all  businesses  required  to 
pay  license  fees  and  taxes  hereunder  and  which  are  or  may 
be  operating  without  such  license. 

Sec.  7.  The  amount  of  the  license  taxes  or  fees 
for  the  trades,  calling,  professions,  vocations  and  busi- 
nesses hereinafter  named  shall  be,  and  the  same  are  here- 
by established  for  and  within  the  City  of  Phoenix,  and  the 
same  shall  be  paid  by  all  persons  engaged  In  such  trades, 
callings,  professions,  vocations  and  businesses,  as  follows: 
to-wit : 


Sec.  8.  Each  person,  firm,  association  or  corpora- 
tion doing  an  advertising  business  by  means  of  bill  post- 
ing, show  cards,  street  car  advertising  or  sign  painting, 
or  otherwise,  or  the  distribution  of  handbills,  per  quarter 
annum,  $25.00. 

Sec.  9.  Each  person,  firm,  association  or  corporation 
owning,  conducting  or  operating  a bowling  alley,  or  a pin 
alley,  per  quarter  annum,  $3.00  per  alley, 

Sec.  10.  Each  person,  firm,  association  or  corpora- 
tion owning  conducting  or  operating  a billiard  hall  or 
room,  or  a pool  hall  or  room,  or  keeping  or  having  in  his, 
their  or  its  possession  pool  or  billiard  tables  for  hire, 
for  each  table  up  to  five  tables,  per  quarter  annum,  $3.00  ; 
each  additional  table,  per  quarter  annum,  $2.00. 

Sec.  11.  Repealed  by  Ordinance  No.  326. 

Sec.  12.  Amended  by  Ordinance  No.  428. 

Sec.  13.  Amended  by  Ordinance  No.  428. 

Sec.  14.  Amended  by  Ordinance  No.  428. 

Sec.  15.  Amended  by  Ordinance  No.  428. 


Sec.  16.  Each  person,  firm,  association  or  corpora- 
tion manufacturing  cigarettes,  per  quarter  annum,  $25.00. 

Sec.  17.  Each  person,  firm,  association  or  corpora- 
tion owning,  operating  or  conducting  any  private  detec- 
tive agency,  bureau  or  business,  per  quarter  annum, 
$15.00. 

Sec.  18.  Each  person,  firm,  association  packing, 
distributing,  handling,  hawking  or  peddling  any  fruit  or 
fruits,  except  at  the  place  or  in  the  course  of  or  in  con- 
nection with  some  other  fixed  business  or  place  of  bus- 
iness, per  quarter  annum,  $25.00. 

Sec.  19.  Each  hawker,  peddler  or  street  vendor  for 
whom  no  license  is  herein  otherwise  provided,  per  quarter 
annum,  $50.00,  provided  however,  that  no  license  shall  be 
required  of  hucksters,  and  that  the  Commission  shall  have, 
and  hereby  reserves  the  power,  for  good  cause  shown,  to 
grant  temporary  permits  to  persons  to  peddle,  hawk  or 
vend  upon  the  streets  of  the  City,  peanuts,  popcorn,  shoe 
strings,  confectionery,  ice  cream  and  other  similar  arti- 
cles, goods  and  wares,  which  said  permits  when  granted, 
sh~H  he  revocable  at  the  will  and  pleasure  of  the  Com- 
mission and  without  notice. 


Sec.  20.  Each  person,  firm,  association  or  corpora- 
tion hawking,  peddling,  selling  or  offering  for  sale,  upon 
the  streets,  alleys  or  other  public  places  of  the  City  of 
Phoenix,  any  jewelry,  watches,  gold,  silver  or  plated  ware, 


286 


City  Ordinances 


or  any  fake  or  deceptive  article,  device,  or  thing,  per 
month  $150.00. 

Sec.  21.  Each  person,  firm,  association  or  corpora- 
tion owning,  maintaining  or  operating  a merry-go-round 
not  in  connection  with  any  carnival,  per  month,  $10.00. 

Sec.  22.  Each  person,  firm,  association  or  corpora- 
tion owning,  maintaining  or  conducting  any  pawnbroker’s 
business  or  establishment,  or  loaning  on  pawns  or  pledges, 
per  quarter  annum,  $50.00. 

Sec.  23.  Each  person,  firm,  association  or  corpora- 
tion buying,  selling,  storing,  distributing,  handling  or  deal- 
ing in  hides,  pelts  or  wool,  per  quarter  annum,  $20.00. 

Sec.  24.  Each  person,  firm,  association  or  corpora- 
tion owning,  maintaining  or  operating  a steam,  electric  or 
other  class 'of  railway  or  railroad,  except  street  railways, 
per  quarter  annum,  $25.00. 

Sec.  25.  Transient  merchant,  $250.00  per  annum,  in 
advance. 

Sec.  26.  Each  person,  firm,  association  or  corpora- 
tion owning,  maintaining,  using  or  operating  any  street 
railway,  or  any  car,  track  or  vehicle  for  the  carriage  of 
freight  or  passengers  upon  any  street  railway  from,  into, 
in  or  within  the  city,  per  quarter  annum,  $25.00. 

Sec.  27.  Each  person,  firm,  association  or  corpora- 
tion owning,  maintaining  or  conducting  a theater,  a con- 
cert hall  or  place  for  the  exhibition  of  stock  shows,  operas, 
theatrical  troupes,  vaudeville  shows,  moving  pictures,  or 
kindred  entertainments: 

(c)  For  any  such  theater,  concert  hall,  or  place 
having  a capacity  of  seating  not  more  than  two  hundred 
and  fifty  people,  per  quarter  annum,  $12.50. 

(b)  For  any  theater,  concert  hall,  or  place  having 
a capacity  of  seating  not  less  than  two  hundred  and  fifty 
nor  more  than  five  hundred  people,  per  quarter  annum, 
$17.50. 

(c)  For  ayn  such  theater,  concert  hall,  or  place 

having  a capacity  for  seating  not  less  than  five  hundred, 
nor  more  than  seven  hundred  and  fifty  people,  per  quarter 
annum,  $25.00. 

(d)  For  any  such  theater,  concert  hall,  or  place 

having  a capacity  of  seating  not  less  than  seven  hundred 
and  fifty,  nor  more  than  one  thousand  people,  per  quarter 
annum,  $32.50. 

(e)  For  any  such  theater,  concert  hall,  or  place 

having  a capacity  of  seating  more  than  one  thousand 

people,  per  quarter  annum,  $37.50. 

Sec.  28.  Each  person,  firm,  association  or  corpora- 
tion owning,  maintaining,  or  conducting  a public  exhibi- 
tion or  entertainment  for  gain  or  hire,  and  for  which  no 
license  is  hereby  otherwise  provided,  for  each  exhibition, 
$25.00.  Provided,  that  no  license  fee  or  tax  shall  be 

required  for  any  exhibition,  show  or  entertainment  by  a 
church  organization,  fraternal  order,  social  organization, 
school,  or  by  local  amateur  talent  when  free,  or  when  the 
revenue  from  such  entertainment  is  designed  for  a char- 
itable, educational  or  benevolent  use. 


City  of  Phoenix 


287 


Sec.  29.  Nothing  in  this  Ordinance  or  any  section 
thereof  shall  be  construed  to  prevent  the  actual  farmer 
of  any  land  within  the  state  of  Arizona,  whether  as  owner 
or  a lessee,  from  selling  or  disposing  of  the  products  of 
the  soil  produced  by  him  or  under  his  direction  or  super- 
vision. 

Sec.  30.  Whereas,  the  regulation  of  the  businesses 
and  callings  for  which  license  is  herein  required  is  neces- 
sary to  promote  and  preserve  the  public  health,  safety 
and  morals  of  the  city;  and, 

WHEREAS,  there  is  now  no  Ordinance  of  the  city 
regulating  the  aforesaid  businesses  and  callings  by  license 
and  such  regulation  is  urgently  demanded  for  the  best 
interests  of  the  city  and  its  inhabitants,  and  it  is  neces- 
sary to  render  such  regulation  effective,  that  the  terms 
of  this  Ordinance  should  be  effective  and  in  operation 
at  the  beginning  of  the  fiscal  year  commencing  July  1, 
1915,  and  it  is  therefore  necessary  for  the  immediate 
preservation  of  the  peace,  health  and  safety  of  the  city 
that  this  Ordinance  should  become  immediately  operative 
and  effective. 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist,  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  Commission,  and  ap- 
proval by  the  Mayor,  and  its  posting  and  publication  as 
required  by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  29th  day  of  June,  1915. 

Approved  this  29th  day  of  June,  1915 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

T.  TREVILLIAN,  Deputy  City  Clerk. 


ORDINANCE  NO.  167. 

An  Ordinance  requiring  permits  to  be  obtained  from  the 
City  Commission  to  conduct  or  operate  any  pool  or 
billiard  hall,  or  bowling  alley,  before  any  person, 
firm,  association  or  corporation  may  obtain  licenses 
therefor  providing  for  the  revocation  of  such  permits. 
Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  before  the  City  Collector  may  issue 
any  license  to  any  person,  firm,  association  or  corporation, 
to  conduct  or  operate  any  pool  or  billiard  hall  or  room 
or  any  bowling  alley  within  the  City  of  Phoenix,  such 
person,  firm,  association  or  corporation  must  first  obtain  a 
permit  to  conduct  or  operate  such  pool  or  milliard  hall  or 
room  or  bowling  alley  from  the  City  Commission,  and 
any  such  permit  may  be  revoked  at  any  time  at  the  will 
and  pleasure  of  the  City  Commission,  which  revocation 
shall  operate  to  annul  such  license  at  the  date  thereof. 

Sec.  2.  WHEREAS,  it  is  necessary  in  order  to  pro- 
mote and  preserve  the  public  health,  safety  and  morals 
of  the  city,  that  this  Ordinance  be  made  effective  at 
once; 


288 


City  Ordinances 


Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  commission  and  ap- 
proval by  the  Mayor  and  its  posting  and  publication  as 
required  by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  27th  day  of  December,  1916. 

Approved  this  27th  day  of  December,  1916. 

PETER  CORPSTEIN, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  428. 

Providing  for  the  licensing  of  circuses,  menageries,  animal 
shows,  carnivals  and  other  entertainments;  repealing 
Sections  12,  13,  14  and  15  of  Ordinance  No.  54,  New 
Series,  of  the  City  of  Phoenix,  entitled,  “An  Ordi- 
nance for  licensing  and  regulating  the  carrying  on 
of  certain  professions,  trades,  callings,  businesses  and 
occupations  carried  on  within  the  City  of  Phoenix, 
and  providing  punishment  for  the  violation  thereof.” 
Be  it  ordained  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

Section  1.  For  each  person,  firm,  association  or 
corporation  owning,  maintaining,  presenting  or  conducting 
a circus  or  menagerie  where  an  admission  fee  is  collected 
under  regulations  governed  by  United  States  Revenue 
laws  regulating  admission  war  tax,  the  license  fee  shall 
be  for  all  circuses,  menageries  or  traveling  tent  shows, 
one  hundred  fifty  dollars  ($150)  per  day  up  to  and  in- 
cluding all  shows  where  twenty  (20)  railway  cars  are 
required  for  transportation.  All  shows  of  twenty  (20) 
to  twenty-five  (25)  cars,  two  hundred  dollars  ($200)  a 
day;  shows  of  twenty-five  to  thirty  (25  to  30)  cars, 
three  hundred  dollars  ($300)  a day,  and  all  traveling 
menageries,  circuses,  and  wild  animal  exhibitions  of  thirty 
(30)  cars  or  more,  five  hundred  ($500)  per  day.  A 
license  fee  of  five  hundred  dollars  ($500)  per  day  is  also 
required  of  each  of  said  shows  for  the  privilege  of  parad- 
ing the  streets  where  the  traveling  organization  selects 
show  grounds  outside  of  the  city  limit. 

Parade  license  shall  not  be  required  where  the  show 
or  firm  pays  the  provided  city  license. 

It  is  further  provided  that  all  such  shows  or  organ- 
izations shall  pay  an  additional  license  fee  of  fifty  ($50) 
per  day  for  each  and  every  side  show,  Black  Top  or  added 
attraction  where  a separate  admission  fee  is  collected. 

Sec.  2.  Each  person,  firm,  association  or  corporation, 
owning,  maintaining,  conducting  or  presenting  any  so- 
called  dog  and  pony  show  or  exhibition  of  domestic  or 
wild  trained  animals,  where  an  admission  fee  is  charged, 
as  provided  for  in  regulations  laid  down  by  the  United 
States  Government  Internal  Revenue  Laws  governing  war 
tax  admissions  shall  pay  a license  for  snowing  of  one 
hundred  dollars  ($100)  per  day;  and  for  each  side  show 


City  of  Phoenix 


289 


menagerie,  annex,  Black  Tops,  or  special  added  attraction 
where  a separate  admission  fee  is  charged  in  addition  to 
the  regulation  admissions  asked  and  obtained  at  the  gate 
of  the  main  show,  an  additional  twenty-five  dollars  ($25) 
a day  license  will  be  collected  from  each  attraction. 

Where  the  show  or  attraction  selects  lot  or  show 
grounds  outside  of  the  city  limit,  a fee  of  one  hundred 
dollars  ($100)  per  day  in  advance  for  the  parade  on  city 
streets  is  provided. 

Sec.  3.  For  each  person,  firm,  association,  or  cor- 
poration, owning,  maintaining,  conducting  or  presenting  a 
carnival,  the  following  license  will  be  collected  in  ad- 
vance : 

One  hundred  dollars  ($100)  per  day  for  the  carnival, 
to  be  paid  by  the  owner  or  owners  of  the  organization, 
and  an  additional  fee  of  twenty-five  dollars  ($25)  per 
day  for  each  and  every  separate  show,  attraction  or 
exhibition  carried  on  by  the  carnival  company  This 
twenty-five  dollars  ($25)  a day  license  to  cover  each 
Ferris  wheel,  merry-go-round,  whip,  or  any  other  riding 
devices.  It  is  also  made  to  cover  attractions  such  as 
Old  Plantations,  Illusions,  Pharoah’s  Daughter  shows,  Weil 
shows,  “Three  in  One,”  “Five  in  One,”  or  any  other 
number  of  freaks  or  attractions  grouped  under  similar 
headings,  together  with  all  dancing  shows,  negro  min- 
strels, so-called  girl  shows,  “Forty-nine  Camps,”  and  other 
similar  attractions  carried  by  traveling  carnival  organ- 
izations. 

It  is  further  provided  that  no  carnival  company  trav- 
eling organization  not  playing  a regular  licensed  theater 
or  auditorium  may  avoid  the  collection  of  the  herein 
mentioned  license  fees  by  advertising  as  being  presented 
under  the  auspices  of  local  organizations  or  societies; 
provided,  however,  that  the  Commission  may,  in  its  dis- 
cretion, exempt  musical,  dramatic  and  other  similar  en- 
tertainments, including  lectures,  from  the  licenses  herein 
provided,  whether  such  entertainment  occupy  a regularly 
licensed  theater  or  auditorium  or  not,  when  such  enter- 
tainment is  put  on  by  or  for  the  benefit  of  some  local 
organization  or  society  not  organized  for  profit. 

It  is  provided  that  where  traveling  organizations  de- 
sire to  affiliate  with  local  organizations,  the  license  herein 
provided  for  attractions  listed  shall  obtain  and  shall  be 
paid  by  the  owner  or  owners,  persons  or  individuals  con- 
ducting such  carnivals.  In  the  event  any  such  carnival 
shall  show  on  grounds  outside  of  the  city  limits,  it  shall 
be  the  duty  of  the  license  collector  to  assess  all  parades, 
bands,  concerts,  or  any  other  method  used  to  attract  at- 
tention to  such  traveling  organization  on  the  streets  of  the 
city,  a license  of  one  hundred  dollars  ($100)  per  day. 

It  is  further  provided  that  all  tent  shows  not  appear- 
ing in  a regular  licensed  theater,  including  minstrel,  vaude- 
ville, dramatic,  operatic,  specialty  companies  or  organiza- 
tions presenting  acts,  or  individuals,  where  admission  fees 
are  charged,  as  provided  for  under  regulations  by  the 
United  States  Internal  Revenue  Laws  governing  admission 


290 


City  Ordinances 


tax,  a license  fee  of  one  hundred  fifty  dollars  ($150)  per 
day  in  advance  shall  be  collected. 

It  is  further  provided  that  no  organization  of  the 
kind  or  character  mentioned  in  this  provision  shall  report 
to  advertising  its  attraction  in  the  city  under  the  auspices 
of  local  associations,  societies,  or  individuals  for  the  pur- 
pose of  avoiding  this  license  fee  provided. 

Sec.  4.  No  carnival,  circus,  menagerie  or  tent  shows 
of  any  kind  or  nature  whatsoever,  shall  give  or  hold  any 
performance  of  such  show  either  for  paid  admission  or 
otherwise,  on  Sunday. 

Sec.  5.  No  carnival,  circus,  menagerie,  or  other  tent 
show,  of  any  kind  or  nature  whatsoever,  or  any  enter- 
tainment, or  religious  revival,  or  meeting,  occupying  a 
tent,  shall  be  permitted  within  the  fire  limits;  and  no 
carnival,  circus,  menagerie,  or  other  show,  attraction  or 
entertainment,  shall  be  at  any  time  permitted  to  show 
within  the  limits  of  the  City  of  Phoenix,  wherein  are 
conducted  any  games,  either  of  the  nature  of  games  which 
may  be  classed  as  games  of  skill  or  games  of  chance, 
where  anything  of  value  changes  hands,  or  prizes  are 
issued  or  given  on  chances  for  value  received  or  otherwise. 

Sec.  6.  Sections  12,  13,  14  and  16,  of  Ordinance 
No.  54,  New  Series,  of  the  City  of  Phoenix,  entitled,  “An 
Ordinance  for  licensing  and  regulating  the  carrying  on  of 
certain  professions,  trades,  callings,  businesses  and  occu- 
pations carried  on  within  the  limits  of  the  City  of  Phoenix 
and  providing  punishment  for  the  violation  thereof,"  and 
all  Ordinances  and  parts  of  Ordinances  in  conflict  here- 
with, are  hereby  repealed. 

Sec.  7.  Any  person,  firm  or  corporation,  violating 
the  provisions  of  this  Ordinance,  shall  be  punished  by  a 
fine  not  to  exceed  three  hundred  dollars  ($300),  or  by 
imprisonment  in  the  City  Jail  for  a period  not  to  exceed 
six  (6)  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  8.  WHEREAS,  it  is  necessary  to  the  peace, 
health  and  safety  of  the  City  of  Phoenix  that  this  Ordi- 
nance become  immediately  operative,  an  emergency  is 
hereby  declared  to  exist  and  this  Ordinance  is  hereby  ex- 
empted from  the  provisions  of  the  referendum  and  shall 
be  in  full  force  and  effect  from  and  after  its  passage 
by  the  Commission,  approval  by  the  Mayor,  and  posting 
and  publication  as  by  law  required. 

Passed  by  the  Commission  this  10th  day  of  Novem- 
ber, 1920. 

Approved  this  10th  day  of  November,  1920. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


City  of  Phoenix 


21)1 


CHAPTER  6. 

ELECTIONS. 

ORDINANCE  NO.  117. 

An  Ordinance  making  it  unlawful  for  any  candidate  for 
nomination  or  election  to  any  office  of  the  City  of 
Phoenix  to  solicit  from  employees  or  officers  of  the 
City  of  Phoenix  any  money,  promise  or  other  thing 
of  value  for  the  purpose  of  defraying  the  expenses 
of  or  furthering  the  nomination  of  election  of  such 
candidate;  making  it  unlawful  for  any  employee  or 
officer  of  the  City  of  Phoenix  to  contribute  any 
money,  promise  or  other  thing  of  value,  for  the 
purpose  of  defraying  the  expenses  of  or  furthering 
the  nomination  or  election  of  any  candidate  for  nomi- 
nation or  election  to  any  office  of  the  City  of  Phoe- 
nix; making  it  unlawful  for  any  officer  or  employee 
of  the  City  of  Phoenix,  to  in  any  manner  intimidate 
any  employee  of  the  City  of  Phoenix  in  the  exercise 
of  his  franchise  or  to  in  any  manner  solicit  or  in- 
fluence the  vote  of  any  employee  or  officer  of  the 
City  of  Phoenix,  in  favor  of  any  candidate  for  nom- 
ination or  election  to  any  office  of  the  City  of  Phoe- 
nix, and  providing  penalties  therefor. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  It  shall  be,  and  it  hereby  is  made  un- 
lawful for  any  candidate  for  nomination  or  election  to 
any  office  of  the  City  of  Phoenix  to  solicit  or  receive, 
either  directly  or  indirectly,  from  any  officer  or  employee 
of  the  City  of  Phoenix,  any  money,  or  other  thing  of  value 
whatever,  for  the  purpose  of  defraying  the  expenses  of  or 
furthering  such  candidate’s  nomination  or  election,  either 
in  any  primary  or  general  election,  for  nomination  for  or 
election  to  office. 

Sec.  2.  It  shall  be,  and  it  hereby  is  made  unlawful 

for  any  officer  or  employee  of  the  City  of  Phoenix  to 

contribute  either  directly  or  indirectly  any  money,  prom- 
ise or  other  thing  of  value  whatever  for  the  purpose  of 
defraying  the  expenses  of  or  furthering  the  nomination  or 
'lection  of  any  candidate,  either  in  any  primary  or  .general 
election  for  nomination  for  or  election  to  any  office  of 
the  City  of  Phoenix. 

Sec.  3.  It  shall  be,  and  it  hereby  is  made  unlawful 

for  any  officer  or  employee  of  the  City  of  Phoenix  to 

become  a member  of  any  organization,  combination  or 
association  organized  for  the  purpose  of  furthering  the 
election  of  any  candidate  for  the  office  of  the  City  of 
Phoenix  or  the  nomination  of  any  candidate  for  such 
office. 

Sec.  4.  It  shall  be,  and  it  hereby  is  made  unlawful 

for  any  officer  or  employee  of  the  City  of  Phoenix  to 

influence  or  attempt  to  influence,  directly  or  indirectly, 


292 


City  Ordinances 


by  force,  violence  or  restraint,  or  by  inflicting  or  threat- 
ening to  inflict  any  injury,  damage,  harm,  or  loss,  or  by 
discharging  from  employment  or  promoting  in  employ- 
ment or  by  intimidation  or  otherwise  in  any  manner 
whatever  to  induce  or  compel  any  officer  or  employee  of 
the  City  of  Phoenix  to  vote  or  refrain  from  voting  for 
any  particular  person  or  persons  for  nomination  or  elec- 
tion to  any  office  of  the  City  of  Phoenix. 

Sec.  5.  Any  person,  officer  or  employee  of  the  City 
of  Phoenix  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a misdemeanor  and  upon  con- 
viction shall  be  punished  by  a fine  not  to  exceed  $300.00 
or  by  imprisonment  in  the  City  Jail  for  a period  not  to 
exceed  six  months  or  by  both  such  fine  and  imprisonment, 
and  in  addition  to  such  punishment  shall  be  disqualified  to 
further  hold  any  employment  or  office  of  the  City  of 
Phoenix,  and  any  candidate  for  office  found  guilty  of 
violating  the  provisions  of  this  Ordinance  shall  be  dis- 
qualified from  holding  any  office  of  the  City  of  Phoenix 
to  which  he  may  be  elected. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  1st  day  of  March,  1916. 

Approved  this  1st  day  of  March,  1916. 

GEO.  U.  YOUNG, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  209. 

An  Ordinance  providing  the  time  of  holding  primary  and 
general  elections  in  the  City  of  Phoenix,  prescribing 
qualification  of  electors,  providing  for  election  pre- 
cincts and  Boards  of  Election;  the  Conduct  of  elec- 
tions, providing  forms  of  poll  lists  and  tally  lists, 
providing  methods  of  voting  and  challenging  at  such 
elections,  canvassing  and  returning  the  vote,  the  can- 
vass of  returns,  declaration  of  the  result,  commissions 
and  certificates  of  election,  and  repealing  all  Or- 
dinances in  conflict  therewith;  with  an  emergency 
clause. 

CHAPTER  I. 

TIME  OF  HOLDING  AND  GENERAL  PROVISIONS. 

Section  1.  There  shall  be  a general  municipal  elec- 
tion held  in  the  City  of  Phoenix  in  each  and  every  year 
on  the  first  Tuesday  in  April,  notice  whereof  shall  be 
given  the  public  by  publication  in  the  official  newspaper  of 
a proclamation  by  the  mayor,  which  said  proclamation  shall 
contain  the  date  of  the  holding  of  said  election,  the  various 
places  in  the  city  where  such  election  shall  be  held  and 
the  offices  to  be  voted  for. 

Sec.  2.  The  person  receiving  at  such  election  the 
highest  number  of  votes  for  any  office  io  be  filled  at 
such  election  shall  be  elected  thereto. 

Electors  shall  be  privileged  from  arrest  except  for  an 


City  of  Phoenix 


293 


indictable  offense  during  their  attendance  on  the  elec- 
tion and  in  going  to  and  returning  from  che  same. 

No  elector  is  obliged  to  perform  Militia  duty  on  the 
day  of  election  except  in  time  of  War  or  public  danger. 

No  fees  shall  be  charged  the  elector  for  registra- 
tion or  for  certificates  thereof. 

The  compensation  of  members  of  boards  of  election 
and  clerks  shall  be  fixed  by  the  Commission  and  paid  out 
of  the  City  Treasury. 

The  necessary  printed  blanks  for  poll  lists,  tally  lists, 
lists  of  voters,  oaths  and  returns,  shall  be  furnished  by 
the  Commission  to  the  officers  of  each  election  precinct  at 
the  expense  of  the  City. 

CHAPTER  II. 

QUALIFICATIONS  OF  ELECTORS 

Amended  by  Ordinance  No.  330. 

CHAPTER  III. 

ELECTION  PRECINCTS 

Section  1.  There  shall  be  at  least  four  election  pre- 
cincts in  the  City  and  such  precincts  shall  be  such  as  are 
now,  or  may  hereafter  be  bounded  and  described  by  Or- 
dinance of  the  Commission. 

Sec.  2.  The  Commission  must,  at  least  ten  days 
prior  to  an  election,  issue  its  order  designating  the  house 
or  place  within  each  precinct  where  the  election  shall  be 
held,  and  such  order  shall,  in  addition  thereto,  contain  the 
names  of  the  various  officers,  clerks  and  marshal  of  the 
Election  Board  of  such  precinct, 

CHAPTER  IV. 

BOARD  OF  ELECTION 

Sec.  1.  When  an  election  is  ordered,  the  Commis- 
sion must  appoint  for  each  precinct  from  the  electors 
thereof,  one  inspector  and  two  judges,  who  shall  constitute 
a Board  of  Election  for  such  precinct,  and,  in  addition 
to  said  Board,  it  shall  also  appoint  two  clerks  and  one 
marshal.  Such  clerks  and  marshal,  shall  be  qualified 
electors  of  such  precinct. 

Sec.  2.  The  inspector  shall  be  Chairman  of  the  Elec- 
tion Board  and  may: 

1.  Administer  all  oaths  required  in  the  progress 
of  an  election. 

2.  Appoint  judges  and  clerks  if,  during  the  pro- 
gress of  the  election,  any  judge  or  clerk 
ceases  to  act,  or  if,  at  the  time  of  the  open- 
ing of  the  polls,  any  judge  or  clerk  fails  to 
appear. 

Sec.  3.  Any  member  of  the  Board  may  administer 
and  certify  oaths  required  to  be  administered  during  the 
progress  of  an  election. 

Sec.  4.  Before  opening  the  polls,  each  member  of 
the  Board  and  each  clerk  and  marshal  must  take  an  oath 


294 


City  Ordinances 


to  faithfully  perform  the  duties  imposed  upon  him  by 
law. 

Any  qualified  voter  of  the  City  may  administer  and 
certify  such  oath. 

Sec.  5.  Before  opening  the  polls,  the  Board  must 
post  in  some  convenient  place,  easy  of  access,  not  less 
than  two  printed  copies  of  the  Great  Register  of  the  City 
as  last  printed,  and  the  copies  so  posted  must  be  main- 
tained during  the  whole  time  of  voting  and  must  not  in 
any  manner  be  torn  or  defaced. 

CHAPTER  V. 

OFFICIAL  BALLOTS 

The  form  of  ballot,  the  mode  of  printing  and  distri- 
bution thereof,  shall  be  as  provided  by  Sections  8,  9,  10, 
11,  12,  13,  of  Chapter  XII  of  the  City  Charter;  provided, 
however,  that  the  City  Clerk  shall  not  be  required  to  cause 
to  be  printed  official  ballots  in  a number  in  excess  of 
one  and  one-half  times  the  number  of  electors  contained 
in  the  Great  Register. 


CHAPTER  VI. 

CONDUCT  OF  ELECTIONS 

Sec.  1.  On  the  opening  of  the  polls  at  each  polling 
place,  the  presiding  officer  shall  produce  the  package  of 
official  ballots  and  publicly  open  and  deliver  one  book 
or  block  of  ballots  therein  contained  to  the  Ballot  Clerks 
hereinafter  provided  for. 

The  other  book  or  blocks  of  ballots,  if  any,  shall  be 
retained  by  the  presiding  officer  until  they  are  called 
for  by  the  Ballot  Clerks  and  needed  for  the  purpose  of 
voting. 

The  City  Clerk  shall  cause  the  polling  places  to  be 
suitably  provided  with  a sufficient  number  of  voting 
booths  or  compartments  furnished  with  convenient  shelves 
on  which  voters  may  conveniently  mark  their  ballots,  and 
in  the  marking  thereof,  be  screened  from  the  observation 
of  others,  and  such  booths  shall  be  supplied  with  pencils 
to  enable  the  voter  to  prepare  his  ballot  for  voting.  The 
polling  place  shall  be  so  arranged  that  neither  the  ballot 
box  nor  the  voting  booths  shall  be  hidden  from  the  vieY*r 
of  any  person  within  the  room.  Each  booth  or  compart- 
ment shall  be  at  least  three  feet  square  and  contain  a 
shelf  at  least  one  foot  wide  extending  across  one  side 
of  such  booth  or  compartment  at  a convenient  height  for 
writing.  No  person  other  than  the  election  officers  and 
voters  admitted  as  hereinafter  provided,  shall  be  per- 
mitted within  the  room  during  the  hours  of  voting,  except 
by  authority  of  the  election  officers  for  the  purpose  of 
keeping  order  and  enforcing  the  law. 

The  City  Clerk  shall  also  furnish  for  each  polling 
place  the  required  ballot  boxes,  with  locks,  which  shall  be 
large  enough  to  properly  receive  and  hold  the  ballots 
cast  in  conformity  with  the  provisions  of  this  Ordinance. 

Sec.  2.  Amended  by  Ordinance  No.  330. 


City  of  Phoenix 


295 


Sec.  3.  On  receipt  of  his  ballot,  the  voter  shall  forth- 
with and  without  leaving  the  polling  place,  retire  alone  to 
one  of  the  booths  or  compartments  not  occupied  by  any 
other  person,  and  prepare  his  ballot  by  marking  in  the  ap- 
propriate place  a cross  (X)  opposite  the  name  of  the  can- 
didate of  his  choice  for  each  office  to  be  filled,  or  by 
filling  in  the  name  of  the  candidate  of  his  choice  in  the 
blank  space  provided  therefor  and  marking  a cross  op- 
posite thereto;  and  in  case  of  a question  submitted  to  the 
vote  of  the  people,  by  marking  in  the  appropriate  margin 
[>r  space  a cross  (X)  against  the  answer  which  he  desires 
to  give.  Before  leaving  the  booth  or  room,  the  voter  shall 
fold  his  ballot  lengthwise  and  crosswise,  in  such  a way  that 
the  contents  of  the  ballot  shall  be  concealed  and  the  stub 
can  be  removed  without  exposing  any  of  the  contents  of 
the  ballot,  and  shall  keep  the  same  folded  until  he  has 
delivered  the  same  to  the  election  officers  as  in  this  sec- 
tion provided;  he  shall  then  forthwith  proceed  out  of  the 
room  in  which  the  election  is  being  held  and  shall  not 
again  enter  therein  during  the  poll  unless  he  be  an  election 
officer.  No  voter  shall  be  allowed  to  occupy  a voting 
booth  or  room  for  more  than  five  minutes,  when  other 
voters  are  waiting  to  occupy  the  same.  No  inspector 
shall  receive  any  ballot  from  any  voter  unless  the  stub 
remains  attached  to  the  ballot. 

Sec.  4.  No  person  shall  take  or  remove  any  ballot 
from  the  polling  place  before  the  close  of  the  polls.  If 
any  voter  spoil  a ballot  he  may  successively  obtain  others, 
one  at  a time,  not  exceeding  three  in  all,  upon  returning 
each  one  sp’oiledi  The  ballots  thus  returned  shall  be  im- 
mediately cancelled,  and,  together  with  those  not  dis- 
tributed to  the  voters,  shall  be  reserved  and  shall  be  se- 
cured in  sealed  packages  and  returned  to  the  City  Clerk. 
Should  any  elector  be  unable  on  account  of  physical  dis- 
ability, to  mark  his  ballot,  he  may  request  the  Board  of 
Election  to  mark  his  ballot  in  accordance  with  his  wishes. 
If  the  voter  marks  more  names  than  there  are  persons  to 
be  elected  to  an  office,  or  if  for  any  reason  it  is  impos- 
sible to  determine  the  voter's  choice  for  any  office  to  be 
filled,  his  ballot  shall  not  be  counted  for  such  office.  No 
ballot  without  the  official  endorsement  shall,  except  as 
herein  otherwise  provided,  be  allowed  to  be  deposited  in 
the  ballot  box  and  none  but  ballots  provided  in  accordance 
with  the  provisions  of  this  Ordinance  shall  be  counted. 
Ballots  not  counted  shall  be  marked  “defective"  on  the 
back  thereof  and  be  preserved  and  returned  to  the  City 
Clerk. 

In  case  the  ballots  to  be  furnished  for  any  voting 
place  and  in  accordance  with  the  provisions  of  this  Or- 
dinance shall  fail  for  any  reason  to  be  delivered,  or  in 
case,  after  delivery,  they  shall  be  destroyed  or  stolen,  it 
shall  be  the  duty  of  the  presiding  officer  aforesaid  to 
cause  other  ballots  to  be  prepared  substantially  in  the  form 
of  the  ballots  so  wanting  to  be  furnished;  and  upon  de- 
livery of  such  ballots  at  the  polling  places  by  him,  ac- 
companied by  his  statement,  under  oath,  that  the  same  had 
been  prepared  and  furnished  by  him,  and  that  the  original 


296 


City  Ordinances 


ballots  have  so  failed  to  be  received,  or  have  been  des- 
troyed or  stolen,  the  ballot  clerk  shall  cause  the  ballots  so 
substituted  to  be  used  in  lieu  of  the  ballots  wanting  as 
above  and  the  statement  made  under  oath  herein  provid- 
ed for,  shall  be  delivered  to  the  City  Clerk,  who  shall  re- 
cord the  same. 

Sec.  5.  Any  voter  who  shall,  except  as  herein  other- 
wise provided,  allow  his  ballot  to  be  seen  by  any  other 
person  with  the  intention  of  disclosing  the  manner  in 
which  he  has  voted  or  is  about  to  vote,  or  who  shall  make 
any  false  statement  as  to  his  inability  to  mark  his  bal- 
lot, or  any  person  who  shall  interfere  with  any  voter,  in- 
side of  the  voting  place,  or  who  shall  within  the  room  in 
which  the  voting  is  proceeding,  endeavor  to  induce  any 
voter  to  vote  for  any  particular  candidate,  shall  be  guilty 
of  a misdemeanor  and  upon  conviction  thereof  be  punished 
by  a fine  of  not  less  than  Twenty  nor  more  than  Fifty 
Dollars  or  by  imprisonment  in  the  City  Jail  for  a period 
of  not  less  than  Ten,  nor  more  than  Twenty-five  days  and 
it  shall  be  the  duty  of  the  election  officers  of  such  pre- 
cinct to  see  that  the  offender  is  duly  brought  before  the 
City  Court  for  the  enforcement  of  the  provisions  of  this 
section. 

Sec.  6.  Any  person  who  shall,  prior  to  an  election, 
wilfully  deface  or  destroy  any  list  of  candidates  posted 
in  accordance  with  the  provisions  of  this  chapter,  or  who, 
during  an  election,  shall  wilfully  deface,  tear  down,  re- 
move or  destroy  any  card  of  instructions  posted  for  the 
instruction  of  voters,  or  who  shall  during  election,  wil- 
fully remove  or  destroy  any  of  the  supplies  or  conven- 
iences furnished  to  enable  a voter  prepare  his  ballot,  or 
shall  wilfully  hinder  the  voting  of  others,  shall  be  guilty 
of  a misdemeanor  and  upon  conviction  thereof,  shall  be 
punished  by  a fine  of  not  less  than  Twenty,  nor  more  than 
Fifty  Dollars  or  imprisonment  in  the  City  Jail  for  a period 
of  not  less  than  ten,  nor  more  than  twenty-five  days. 

Sec.  7.  Any  public  officer  upon  whom  a duty  is  im- 
posed, who  wilfully  neglects  to  perform  such  duty,  or 
who  shall  wilfully  perform  it  in  such  way  as  to  hinder  the 
purposes  of  this  Ordinance,  shall  be  guilty  of  a misde- 
meanor and  upon  conviction  thereof,  shall  be  punished  by 
a fine  of  Two  Hundred  Dollars  or  by  imprisonment  in  the 
City  Jail  for  a period  of  One  Hundred  Eighty  Days. 

Sec.  8.  Before  opening  the  polls,  the  Election  Mar- 
shal shall  post  three  notices  about  fifty  feet  from  the  en- 
trance of  the  building  in  different  directions,  in  which 
the  election  is  being  held,  which  notices  shall  read:  “Fifty 
Feet,”  and  except  for  the  purpose  of  voting,  no  other  per- 
son shall  be  allowed  to  remain  inside  these  limits  while 
the  polls  are  open  except  before  mentioned  election  of- 
ficials and  not  more  than  one  representative  of  each  can- 
didate represented  on  the  ballot,  and  voters  having  cast 
their  ballot  shall  at  once  retire  without  the  fifty-foot 
limit. 

The  City  Clerk  shall  furnish  with  the  ballots  for  each 
precinct  or  polling  place,  five  notices  as  required  by  this 
section  which  shall  be  printed  on  muslin  in  letters  not  less 


City  of  Phoenix 


297 


than  two  inches  in  height.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  guilty  of  a misde- 
meanor. 

Sec.  9.  The  polls  shall  be  opened  in  every  precinct 
at  the  hour  of  six  o’clock  A.  M.,  on  the  day  of  election  and 
shall  be  closed  at  six  P.  M.  of  said  day.  The  inspector 
shall  cause  the  election  marshal  to  make  proclamation  of 
the  opening  of  the  polls,  and  shall  also  cause  the  election 
marshal  to  make  proclamation  of  the  closing  thereof  one 
hour,  thirty  minutes  and  fifteen  minutes  before  time  of 
closing,  and  also  at  the  moment  of  its  closing;  provided, 
that  any  and  all  persons  who  may  at  the  moment  of  clos- 
ing be  inside  of  any  booth  making  out  a ballot  preparatory 
to  voting,  shall  be  allowed  five  minutes  to  fill  out  and  de- 
posit said  ballot,  the  same  as  if  the  polls  were  still  open, 
and  any  person  actually  within  the  room  for  the  purpose 
of  voting  shall  be  allowed  to  procure  his  ballot  and  vote 
the  same. 

Sec.  10.  Before  receiving  the  first  ballot  after  the 
opening  of  the  polls,  the  board  shall,  in  the  presence  of  all 
persons  then  assembled  at  the  polling  place,  open  and  ex- 
hibit the  interior  of  the  ballot  box  and  close  and  lock  the 
same;  and  thereafter  it  must  not  be  removed  from  the 
polling  place  or  the  presence  of  the  bystanders  until  all 
the  ballots  are  counted  nor  shall  it  be  again  opened  until 
after  the  final  closing  of  the  polls. 

CHAPTER  VII. 

POLLING  LISTS 

Sec.  1.  The  following  is  the  form  of  polling  lists 
and  tally  lists  to  be  kept  by  the  clerks  of  election: 
POLLING  LISTS. 

of  the  election  held  at  the  .Precinct, 

City  of  Phoenix,  on  the  day  of  , 

in  the  year  One  Thousand  Nine  Hundred  and  

, Inspector,  and 

, Judges,  and and 

clerks  of  said  election,  were  respec- 
tively sworn,  as  the  law  directs,  previous  to  their  entering 
on  the  duties  of  their  respective  offices. 

NUMBER  AND  NAME  OF  ELECTORS  VOTING. 

No.  | Name  | No.  | Name 

_ _ I 3 I ~ 

! ] 4 1 

We  hereby  certify  that  the  number  of  electors  voting 
at  this  election  amounts  to  


Attest : 


Board  of  Election. 


Clerks. 


298 


City  Ordinances 


TALLY  LISTS. 

Sec.  2.  The  tally  lists  shall  be  made  up  in  the  fol- 
lowing form: 

Names  of  persons  voted  for,  and  for  what  office, 
containing  the  number  of  votes  given  for  each  candidate. 


Names  of  Office — 
Candidate  Voted 
for. 

1 1 

! 

Tally  of  Votes  Total  Vote 

For  Mayor 
Name 
Name 

1 

1 

1 

1 

For  Commissioner 
Name 
Name 

1 

• 1 

We  hereby  certify  that  had 

votes  for  etc.,  etc. 


Board  of  Election. 


Clerks. 

Sec.  3.  No  lists,  tally,  paper  or  certificate  returned 
from  any  election  shall  be  set  aside  or  rejected  for  want 
of  form,  nor  on  account  of  its  not  being  strictly  in  ac- 
cordance with  the  directions  of  this  chapter  of  Ordinance, 
if  it  can  be  clearly  understood. 

Sec.  4.  If  the  names  of  more  persons  are  designated 
on  any  ballot  found  in  the  ballot  box  for  the  same  of- 
fice than  are  to  be  chosen  for  such  office,  then,  except 
in  the  cases  provided  for  in  the  next  section,  all  the  names 
designated  for  such  office  must  be  rejected,  and  the  fact 
of  such  rejection,  and  the  reasons  therefor,  must  at  the 
time  of  such  rejection,  be  noted  on  the  ballot  and  signed 
by  a majority  of  the  Election  Board. 

Sec.  5.  When  upon  a ballet  found  in  the  ballot  box  a 
printed  name  and  a name  written  with  ink  or  pencil  ap- 
pears, and  there  are  not  so  many  persons  to  be  chosen 
for  the  office,  the  printed  name  must  be  rejected  and 
the  written  one  counted,  and  the  fact  must  at  that  time  be 
noted  on  the  back  of  the  ballot  and  signed  by  a majority 
of  the  election  board.  If  a ballot  be  found  in  any  ballot 
box  containing  the  name  of  the  person  and  the  office  for 
which  he  is  designated,  or  either,  two  or  more  times,  it 
must  not  for  that  reason  be  rejected;  it  must  be  counted 
as  one  ballot. 

Sec.  6.  When  a ballot  found  in  any  ballot  box  bears 
upon  it  any  impression,  device  or  color,  or  thing,  by 
which  such  ballot  might  be  identified,  ov  is  folded  in  a 


City  of  Phoenix 


299 


manner  intended  to  designate  or  impart  knowledge  of 
the  person  who  voted  such  ballot,  it  must  with  all  its  con- 
tents be  rejected. 

Sec.  7.  Whenever  the  Board  of  Election  rejects  a 
ballot,  it  must,  at  the  time  of  the  rejection,  cause  to  be 
made  thereon,  and  signed  by  a majority  of  the  Board,  an 
indorsement  of  such  rejection  and  the  causes  thereof. 

Sec.  8.  All  rejected  ballots  must  be  preserved  and 
returned  in  the  same  manner  as  other  ballots. 

Sec.  9.  Whenever  a question  arises  in  the  Board  as 
to  the  legality  of  a ballot,  or  any  part  thereof,  and  the 
Board  decide  in  favor  of  the  legality,  such  action,  together 
with  a concise  statement  of  the  facts  that  give  rise  to  the 
objection  must  be  indorsed  upon  the  ballot  and  signed  by 
a majority  of  the  Board. 

CHAPTER  VIII. 

VOTING  AND  CHALLENGING 

Sec.  1.  Voting  may  commence  as  soon  as  the  polls 
have  been  declared  open;  and  may  be  continued  during 
all  the  time  the  polls  remain  open. 

Sec.  2.  The  person  offering  to  vote  must  hand  his 
ballot  to  the  inspector,  or  to  one  of  the  judges  acting  as 
inspector,  and  announce  his  name  in  a clear,  audible  voice. 

Sec.  3.  The  Inspector,  or  Judge  acting  as  such,  must 
receive  the  ballot,  and  before  depositing  it  in  the  ballot 
box,  must,  in  an  audible  tone  of  voice,  announce  the  name 
of  the  person  voting. 

Sec.  4.  If  the  name  be  found  on  the  copy  of  the 
Great  Register,  and  he  is  a resident  of  the  precinct,  and 
the  vote  is  not  rejected  upon  a challenge  taken,  the  in- 
spector, or  judge  acting  as  such,  must,  in  the  presence  of 
the  Board  of  Election,  place  the  ballot,  without  its  be- 
ing opened  or  examined,  in  the  ballot  box. 

Sec.  5.  When  the  ballot  has  been  placed  in  the  box, 
one  of  the  judges  must  write  the  word  “voted’’  opposite 
the  number  of  the  person  on  the  printed  copy  of  the 
Register. 

Sec.  b.  Each  clerk  must  keep  a list  of  persons  vot- 
ing and  the  name  of  each  person  who  votes  must  be  en- 
tered thereon  and  numbered  in  the  order  of  voting. 

Sec.  7.  Any  person  offering  to  vote  may  be  orally 
challenged  by  any  elector  of  the  City  upon  either  or  all 
of  the  following  grounds: 

1.  That  he  is  not  the  person  whose  name  ap- 
pears on  the  Register. 

2.  That  he  has  not  resided  within  the  State  for 
one  year  next  preceding  the  election. 

3.  That  he  has  not  resided  within  the  City  for 
ninety  days  next  preceding  the  election,  or 
has  not  resided  within  the  precinct  for  ten 
days  next  preceding  the  election. 

4.  That  he  has  already  voted  that  day. 

5.  That  he  has  been  convicted  of  a felony. 


300 


City  Ordinances 


6.  That  he  has  made  a bet  on  the  result  of  the 
election. 

7.  That  not  being  prevented  by  physical  disa- 
bility from  so  doing,  he  is  unable  to  read  the 
Constitution  of  the  United  States  in  the  En- 
glish language  in  such  manner  as  to  show 
that  he  is  neither  promoted  nor  is  reciciag 
from  memory,  or  is  unable  to  write  his  name. 

Sec.  8.  Upon  challenge  being  made,  the  one  so 
challenged  may,  if  he  so  elect,  be  at  once  sworn  to  an- 
swer fully  and  truly  all  such  questions  as  may  be  put  to 
him  by  the  inspector;  provided  such  questions  are  per- 
tinent and  material  to  the  challenge  made;  and  if,  after 
such  examination,  a majority  of  the  Board  shall  be  sat- 
isfied that  the  challenge  is  not  true,  the  one  challenged 
shall  be  permitted  to  vote,  otherwise  not. 

Sec.  9.  If  the  challenge  be  determined  against  the 
person  offering  to  vote,  the  ballot  offered  must,  without 
examination,  at  once  be  destroyed  in  his  presence  by  the 
inspector;  if  determined  in  his  favor  the  ballot  must  be 
deposited  in  the  ballot  box. 

Sec.  10.  If  any  person  challenged  refuses  to  take  the 
oath  tendered,  or  refuses  to  be  sworn  and  answer  the 
questions  touching  the  matter  of  residence  he  must  not 
be  allowed  to  vote. 

Sec.  11.  The  Election  Board,  in  determining  the 
place  of  residence  of  any  person  must  be  governed  by  the 
following  rules,  so  far  as  they  are  practicable: 

1.  That  the  place  must  be  considered  and  held 
to  be  the  residence  of  a person  in  which  his 
habitation  is  fixed  and  to  which,  whenever 
he  is  absent,  he  has  the  intention  of  return- 
ing. 

2.  A person  must  be  held  to  have  gained  or 
lost  his  residence  by  reason  of  his  presence 
in  or  absence  from  a place  while  employed  in 
the  service  of  the  United  States,  or  of  the 
State,  or  while  engaged  in  navigation,  or 
while  a student  at  an  institution  of  learning. 

3.  A person  shall  not  be  considered  to  have  lost 
his  residence  who  leaves  his  home  to  go  into 
another  state  or  territory,  or  county,  or  city 
of  this  state  for  temporary  purposes  mere- 
ly, with  the  intention  of  returning. 

4.  A person  shall  not  be  considered  to  have 
gained  a residence  in  this  city  when  he  comes 
for  temporary  purposes  merely,  without  the 
intention  of  making  this  city  his  home. 

5.  If  a person  removes  to  another  state  or  terri- 
tory, or  county  or  city  within  this  state,  with  the 
intention  of  making  it  his  residence,  he  loses  his 
residence  in  this  city. 

6.  If  a person  removes  to  another  state  or  terri- 
tory, or  county  or  city  within  this  state,  with  the 
intention  of  remaining  there  for  an  indefinite 
time,  and  as  a place  of  transient  Residence,  he 


City  of  Phoenix 


301 


loses  his  residence  in  this  city,  notwithstanding* 
he  entertains  the  intention  of  returning*  at  some 
future  period. 

7.  The  place  where  a man’s  family  resides  must  be 
held  to  be  his  residence;  but  if  it  be  a place  of 
temporary  establishment  for  his  family,  or  for 
transient  purposes,  it  is  otherwise. 

8.  If  a man  have  a family  fixed  in  one  place  and  he 
does  business  in  another,  the  former  must  be 
considered  his  place  of  residence;  but  any  man 
having  a family,  and  who  has  taken  up  his  abode 
in  this  city  with  the  intention  of  remaining,  and 
whose  family  does  not  so  reside  with  him,  must 
be  regarded  as  a resident  of  this  city. 

9.  The  mere  intention  of  acquiring  a new  residence 
without  the  fact  of  removal,  avails  nothing; 
neither  does  the  fact  of  removal  without  the 
intention. 

10.  The  term  of  residence  must  be  computed  by 
including  the  day  on  which  the  person’s  residence 
commenced  and  by  excluding  the  day  of  election. 

Sec.  11.  Before  administering  an  oath  to  a person 
touching  his  place  of  residence,  the  inspector  must,  if  re- 
quested by  any  person  read  to  the  person  challenged 
the  rules  prescribed  herein. 

Sec.  12.  The  board  must  cause  one  of  the  clerks  to 
keep  a list  showing:  ' 

1.  The  names  of  all  persons  challenged. 

2.  The  ground  of  such  challenge. 

3.  The  determination  of  the  board  upon  the  chal- 
lenge. 

CHAPTER  IX. 

CANVASSING  AND  RETURNING  THE  VOTE. 

Section  1.  As  soon  as  the  polls  are  finally  closed, 
the  judges  must  proceed  to  canvass  the  votes  given  at 
such  election.  The  canvass  must  be  public,  in  the  presence 
of  bystanders,  and  must  be  continued  without  adjournment 
until  completed  and  the  result  thereof  is  declared. 

Sec.  2.  The  canvass  must  be  commenced  by  taking- 
out  of  the  box  the  ballots  unopened  (except  so  far  as  to 
ascertain  whether  each  ballot  is  single),  and  counting  the 
same  to  ascertain  whether  the  number  of  the  ballots  cor- 
responds with  the  number  of  names  on  the  list  of  voters 
kept  by  the  clerk. 

Sec.  3.  If  two  or  more  separate  ballots  are  found  so 
folded  together  as  to  present  the  appearance  of  a single 
ballot,  they  must  be  laid  aside  until  the  count  of  the  bal- 
lots is  completed;  then,  if,  upon  comparison  of  the  count 
with  the  number  of  names  of  electors  on  the  lists  which 
have  been  kept  by  the  clerks,  it  appears  that  two  ballots 
thus  folded  together  were  cast  by  one  elector,  they  must 
be  destroyed;  provided,  however,  that  should  one  of  such 
ballots  be  marked  in  the  manner  as  provided  by  law,  and 
the  other  ballot  be  blank,  the  blank  ballot  only  shall  be 
destroyed  and  the  marked  ballot  shall  be  counted. 


302 


City  Ordinances 


Sec.  4.  If  the  ballots  in  the  box  are  still  found  to 
exceed  in  number  the  names  on  the  lists  they  must  be 
replaced  in  the  box  and  one  of  the  judges  must  publicly 
and  without  looking  in  the  box,  draw  out  therefrom,  singly, 
and  destroy,  unopened,  a number  of  ballots  equal  to  such 
excess,  and  the  board  of  election  must  record  on  the  poll 
lists  the  number  of  ballots  destroyed. 

Sec.  5.  The  number  of  ballots  agreeing  or  being 
thus  made  to  agree  with  the  number  of  names  on  the 
lists,  the  lists  must  be  signed  by  the  members  of  the 
board  and  attested  by  the  clerks  and  the  number  of  names 
thereon  must  be  set  down  in  words  and  figures  at  the 
foot  of  each  list,  and  over  the  signatures  of  the  judges 
and  attestation  of  the  clerks. 

Sec.  6.  After  the  lists  are  thus  signed  the  board 
must  proceed  to  count  and  ascertain  the  number  of  votes 
cast  for  each  person  voted  for.  The  ballots  must  be  taken 
out  and  opened  by  one  of  the  members  of  the  board,  and 
the  ticket  must  be  distinctly  read. 

Sec.  7.  Each  clerk  must  write  down  each  office  to  be 
filled  and  the  name  of-  the  person  voted  for  to  fill  such 
office,  and  the  measure  or  measures  submitted  to  the 
people  to  be  voted  upon,  and  must  keep  the  number  of 
votes  by  tallies  as  they  are  read  aloud. 

Sec.  8.  The  ballots,  as  soon  as  read,  or  rejected  for 
illegality,  must  be  strung  on  a string  by  one  of  the  judges, 
and  must  not  thereafter  be  examine'd  by  any  person,  but 
must,  as  soon  as  all  are  counted,  be  carefully  sealed  in  a 
strong  envelope,  each  member  of  the  board  writing  his 
name  across  the  seal. 

Sec.  9.  As  soon  as  all  the  votes  are  counted,  and 
the  ballots  sealed  up,  the  lists  must  be  attached  to  the 
tally  lists  containing  the  names  of  the  persons  voted  for, 
and  for  what  office,  and  the  number  of  votes  for  each 
candidate,  and  a list  of  the  measures  voted  upon  and  the 
number  of  votes  given  for  or  against  each  measure,  the 
number  being  written  at  full  length,  and  such  lists  must 
be  signed  by  the  members  of  the  board  and  attested  by 
the  clerks  in  the  manner  substantially  in  the  form  given 
in  Chapter  VII  of  this  Ordinance. 

Sec.  10.  The  board  must,  before  it  adjourns,  enclose 
in  a cover,  and  seal  up  and  direct  to  the  Citv  Clerk,  the 
copy  of  the  register  upon  which  one  of  the  judges  marked 
the  word  “Voted”  as  the  ballots  were  received,  one  of  the 
lists  of  the  persons  challenged,  one  copy  of  the  list  of 
voters,  and  one  of  the  tally  lists  and  lists  attached  thereto, 
and  the  stubs  of  the  voted  ballots. 

The  board  must  also,  immediately  upon  sending  the 
list  provided  in  the  preceding  section,  transcribe  upon  a 
certificate,  which,  together  with  an  appropriate  envelope 
for  the  same,  shall  be  supplied  all  election  boards  by  the 
City  Clerk,  the  result  of  the  election,  setting  opposite  the 
name  of  each  candidate  the  total  vote  for  such  candidate, 
and  opposite  the  number  of  each  measure  voted  upon  the 
vote  for  and  against  such  measure,  and  deliver  such  cer- 
tificate so  filled  out  in  a separate  envelope  to  the  City 


City  of  Phoenix 


303 


Clerk.  Such  certificate  shall  be  signed  hy  the  inspector 
and  attested  by  the  clerks. 

Sec.  11.  The  inspector  must  retain,  open  to  the 
inspection  of  all  electors,  for  at  least  six  months,  the 
other  list  of  voters,  tally  list  and  list  attached  thereto. 

Sec.  12.  Sealed  packages  containing  the  register, 
lists,  papers  and  ballots  must,  before  the  board  adjourns, 
be  delivered  to  one  of  its  number  selected  by  it  by  lot 
or  agreement. 

The  member  to  whom  such  packages  are  delivered 
must,  without  delay,  deliver  such  packages  to  the  City 
Clerk,  who  shall  endorse  on  such  packages  the  name  of 
the  party  delivering  them,  and  the  date  of  such  delivery. 

Upon  receipt  of  the  packages,  the  City  Clerk  must 
deposit  in  some  safe  place  to  be  selected  by  him,  the  one 
containing  the  ballots,  and  it  must  be  kept  unopened  and 
unaltered  for  six  months,  after  which  time,  if  no  contest 
is  commenced,  he  must  burn  the  package,  without  opening 
or  examining  the  contents. 

If,  within  six  months,  a contest  is  commenced,  the 
City  Clerk  must  keep  the  package,  unopened  and  unal- 
tered, until  it  is  finally  determined,  when  he  must,  as  in 
this  section  provided,  destroy  it,  unless  such  package  is, 
by  virtue  of  an  order  of  the  court  or  tribunal  in  wh-ch 
the  contest  is  pending,  brought  and  opened  before  it  to 
the  end  that  evidence  may  be  had  of  its  contents,  in  which 
event  the  package  and  contents  are  in  the  custody  of  such 
tribunal. 

The  other  package,  the  City  Clerk  must  produce  be- 
fore the  City  Commission  when  it  is  in  session  for  the 
purpose  of  canvassing  the  returns. 

Sec.  13.  As  soon  as  returns  are  canvassed,  the  Clerk 
must  file  the  copies  of  the  Register  in  his  office. 

CHAPTER  X. 

CANVASS  OF  RETURNS— DECLARATION  OF  THE 

RESULT— COMMISSIONS  AND  CERTIFICATES 
OF  ELECTION. 

Sec.  1.  The  Mayor  and  Commission  shall  be  the 
canvassing  board,  which  shall  meet  on  the  first  Tuesday 
after  the  election  and  canvass  the  votes  and  announce  and 
declare  the  result  of  the  election. 

Sec.  2.  The  canvass  must  be  made  in  public,  and 
by  opening  the  returns  and  estimating  the  vote  of  each 
precinct  for  each  person  voted  for,  and  for  and  against 
each  proposition  voted  upon  at  such  election  and  declare 
the  result  thereof.  The  City  Clerk  must,  as  soon  as  the 
result  is  determined,  enter  in  the  Minutes  of  the  Commis- 
sion a statement  of  such  result,  which  statement  must 
show: 

1.  The  whole  number  of  votes  cast  in  the  city; 

2.  The  names  of  the  persons  voted  for  and  the 
propositions  voted  for; 

The  office  to  fill,  which  each  person  was  voted 
for; 


3. 


304 


City  Ordinances 


4.  The  number  of  votes  given  at  each  precinct  to 
each  of  such  persons,  and  for  and  against  each 
of  such  propositions; 

5.  The  number  of  votes  given  in  the  city  to  each 
of  such  persons  and  for  against  each  of  such 
propositions. 

Sec.  3.  The  Commission  must  declare  elected  the 
person  having  the  highest  number  of  votes  given  for  each 
office  to  be  filled,  and  must  declare  according  to  the  vote 
given  each  proposition  either  for  or  against  such  proposi- 
tion whether  such  proposition  carried  or  was  defeated. 

Sec.  4.  The  City  Clerk  shall  immediately  make  out 
and  deliver  to  or  send  to  the  person  declared  elected  at 
such  canvass  a certificate  of  election,  which  shall  be 
signed  by  the  Mayor  and  attested  by  the  City  Clerk. 

Sec.  5.  No  declaration  of  the  result  or  any  certifi- 
cate shall  be  withheld  on  account  of  any  defect  or  in- 
formality in  the  returns  of  any  election,  if  it  can  with 
reasonable  certainty  be  ascertained  from  such  returns 
what  office  is  intended  and  who  is  elected  thereto  or 
which  proposition  was  intended  or  carried  or  was  defeated. 

CHAPTER  XI. 

PRIMARY  ELECTIONS. 

The  primary  election  for  the  nomination  of  officers 
to  be  voted  upon  at  the  general  election  shall  be  held  not 
less  than  thirty  days  prior  to  the  holding  of  the  general 
election  herein  provided  for;  and  the  mode  of  nomination 
of  elective  officers  to  be  voted  for  at  the  general  election 
and  the  manner  of  holding  such  election  shall  be  as  pro- 
vided by  Chapter  XII  of  the  City  Charter. 

CHAPTER  XII. 

Section  1.  All  Ordinances  and  parts  of  Ordinances 
in  conflict  herewith  are  hereby  repealed. 

Sec.  2.  WHEREAS,  under  and  by  virtue  of  the 
provisions  of  the  Charter  of  the  City  of  Phoenix,  a pri- 
mary election  for  the  nomination  of  candidates  to  be 
voted  for  at  a general  election  to  be  held  on  the  first 
Tuesday  in  April,  1918,  shall  be  held  thirty  days  prior 
to  the  holding  of  said  general  election;  and, 

WHEREAS,  there  is  no  law  providing  for  the  regis- 
tration of  voters  and  the  conduct  of  such  elections; 

NOW,  THEREFORE,  an  emergency  is  hereby  de- 
clared to  exist,  and  this  Ordinance  shall  be  exempted  from 
the  provisions  of  the  referendum  and  shall  be  in  full  force 
and  effect  from  and  after  its  passage  by  the  Commission 
and  publication  and  posting  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
14th  day  of  January,  1918. 

Approved  by  the  Mayor  this  14th  day  of  January, 
1918. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


City  of  Phoenix 


305 


ORDINANCE  NO.  330. 

An  Ordinance  amending  Chapter  Two  (2)  and  Section 
Two  (2)  of  Chapter  Six  (6)  of  Ordinance  No.  209 
(New  Series),  of  the  City  of  Phoenix,  entitled,  “An 
Ordinance  providing  the  time  of  holding  Primary  and 
General  Elections  in  the  City  of  Phoenix,  prescribing 
qualifications  of  electors,  providing  for  election  pre- 
cincts and  boards  of  election ; the  conduct  of  elections, 
providing  forms  of  poll  lists  and  tally  lists,  providing 
methods  of  voting  and  challenging  at  such  elections, 
canvassing  and  returning  the  vote,  the  canvass  of 
returns,  declaration  of  the  result,  commissions  and 
certificates  of  election,  and  repealing  all  Ordinances 
in  conflict  therewith;  with  an  emergency  clause.” 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Chapter  Two  (2)  of  Ordinance 
Number  209,  New  Series,  of  the  City  of  Phoenix,  be  and 
the  same  is  hereby  amended  to  read  as  follows: 

Section  1.  There  shall  be  kept  in  the  office  of  the 
City  Clerk  a Great  Register,  which  shall  be  opened  to  the 
inspection  and  examination  of  all  persons.  Such  register 
shall  consist  of  one  or  more  volumes  well  bound,  and  shall 
be  ruled  and  printed  to  contain  the  matter  as  in  Section 
Three  (3)  of  this  chapter  set  forth  and  shall  have  printed 
at  the  head  hereof  the  title,  “Great  Register  of  the  City 
of  Phoenix,  Maricopa  County,  Arizona.” 

The  City  Clerk  shall  before  proceeding  to  register 
electors  suitably  divide  his  Great  Register  into  as  many 
parts  as  there  are  elective  precincts  in  the  city. 

There  shall  be  one  registration  book,  bound  in  tag 
board  for  each  election  precinct  in  the  city  called  “the 

Precinct  Register  for Precinct,  City  of  Phoenix,” 

so  as  to  facilitate  registering  the  electors  in  the  precincts 
in  alphabetical  order  according  to  surnames.  The  paper 
size  of  pages,  ruling  and  printing  shall  be  the  same  as 
used  for  the  Great  Register. 

Sec.  2.  Prior  to  any  election  at  which  a Mayor  is 
to  be  elected,  the  Commission  shall  by  order  require  a 
registration  of  the  qualified  voters  of  the  city,  which  order 
shall  be  published  in  the  official  newspaper  for  not  less 
than  sixty  days  preceding  such  election. 

Sec.  3.  At  each  registration  of  electors,  the  City 
Clerk  must  enter  on  the  Great  Register  in  alphabetical 
order  the  name  of  each  elector  registered,  and  must  also 
register  each  person  applying  for  registration  who  will  be 
a qualified  voter  at  the  time  of  the  next  ensuing  election. 

The  registration  entry  must  show: 

1.  The  name  in  full  of  each  registered  voter. 

2.  The  sex  of  the  voter,  and  that  he  or  she  is  twen- 
ty-one years  of  age  or  over. 

3.  Place  of  nativity. 


306 


City  Ordinances 


4.  Place  of  residence  by  street  and  number. 

5.  If  not  a native  of  the  United  States,  the  time 
and  place  of  naturalization. 

6.  Whether  on  the  tax  roll  of  said  city  or  not. 

7.  Date  of  the  entry  on  the  register. 

8.  Each  name  must  be  numbered  of  its  entry. 

A blank  shall  be  left  in  front  of  each  name,  headed 
“voted.” 

Sec.  4.  No  person’s  name  shall  be  entered  upon 
such  Great  Register  by  the  City  Clerk  unless: 

Before  any  one  applying  for  registration  can  be 
registered,  he  must  make  an  affidavit  in  writing 
before  the  registering  officer,  wherein  must  be  stated 
and  shown  each  and  every  fact  entitling  such  person 
to  be  registered,  and  also  the  facts  required  to  be 
stated  on  the  Great  Register,  except  the  date  and 
number;  and  no  person  shall  be  registered  who,  not 
being  prevented  by  physical  disability  from  so  doing, 
is  unable  to  read  the  Constitution  of  the  United 
States  in  the  English  language  in  such  manner  as  to 
show  that  he  is  neither  prompted  nor  reciting  from 
memory  or  unable  to  write  his  name. 

Sec.  5.  The  City  Clerk  shall  file  and  preserve  all 

affidavits  made  for  the  purpose  of  registration  for  a 
period  of  two  years. 

Sec.  6.  There  must  be  left  opposite  each  name  of 
the  Great  Register  a blank  for  cancellation.  Cancellation 
shall  be  made  by  writing  in  each  blank  the  word  “Can- 
celled” and  the  statement  of  the  reason  therefor. 

Sec.  7.  The  City  Clerk  shall  cancel  the  entry  in 

the  following  cases: 

1.  At  the  request  of  the  party  registered. 

2.  When  he  knows  of  the  death  or  removal  of  the 
person  registered. 

3.  When  the  insanity  of  the  person  registered  is 

legally  established. 

4.  When  the  person  registered  has  been  convicted 

of  a felony  and  the  judgment  of  conviction  has  not  been 
reversed  or  set  aside. 

5.  Upon  the  production  of  a certified  copy  of  a 

judgment  directing  the  cancellation  to  be  made. 

6.  Upon  a certificate  of  a board  of  election  of  any 

precinct,  sent  up  with  the  election  returns,  stating  the 

death  or  removal  from  the  city  within  their  own  knowl- 

edge of  the  person  registered. 

Sec.  8.  Upon  the  application  of  the  party  in  person, 
the  City  Clerk  must  give  him  a certified  copy  of  the  en- 
tries upon  the  Great  Register  relating  to  such  party. 

Sec.  9.  The  City  Clerk  shall  then  enter  in  the 

separate  precinct  register  for  the  particular  precinct  in 


City  of  Phoenix 


307 


which  the  elector  registers  everything  entered  by  him 
in  the  Great  Register.  He  shall  arrange  the  name  alpha- 
betically, according  to  surname  in  the  separate  precinct 
register  by  the  same  number  given  the  elector  in  the 
Great  Register.  The  separate  election  precinct  register 
shall  contain  all  the  information  concerning  the  election 
contained  in  the  Great  Register,  and  such  election  pre- 
cinct registers  shall  be  delivered  by  the  City  Clerk  to  the 
election  board  of  such  precincts  upon  the  opening  of  the 
polls  on  any  election  day,  and  shall  be  used  by  such  elec- 
tion board  as  the  official  register  of  such  precincts. 

Sec.  10.  A certified  copy  of  an  uncancelled  entry 
upon  the  Great  Register  is  prima  facie  evidence  that  the 
person  named  in  the  entry  is  a qualified  voter  of  the  City. 

Sec.  11.  The  City  Clerk  shall  not  place,  or  cause  to 
be  placed,  any  name  upon  the  Register  after  the  eleventh 
day  next  preceding  any  election ; provided,  however,  that 
immediately  after  the  holding  of  any  Primary  Election  the 
Great  Register  shall  be  re-opened  and  continued  open  until 
and  including  the  eleventh  day  next  preceding  the  General 
Election,  at  which  time  the  Register  shall  be  closed  and  no 
further  name  shall  be  registered  therein  prior  to  such 
election. 

Sec.  12.  That  Section  Two  (2)  of  Chapter  Six  (6) 
of  Ordinance  Number  209,  New  Series  of  the  City  of 
Phoenix,  entitled: 

‘‘An  Ordinance  providing  the  time  of  holding 
Primary  and  General  Elections  in  the  City  of 
Phoenix,  prescribing  qualifications  of  electors, 
providing  for  election  precincts  and  boards  of 
election;  the  conduct  of  elections,  providing  forms 
of  poll  lists  and  tally  lists,  providing  methods  of 
voting  and  challenging  at  such  elections;  canvass- 
ing and  returning  the  vote,  the  canvass  of  re- 
turns, declarations  of  the  result,  commissions  and„ 
certificates  of  election,  and  repealing  all  Ordin- 
ances in  conflict  therewith;  with  an  emergency 
clause.”, 

be  and  the  same  is  hereby  amended  to  read  as  follows: 

Sec.  2.  The,  ballot  clerks  shall  at  all  times  be  under 
the  supervision  of  the  presiding  officer  aforesaid,  shall 
keep  the  ballots  within  the  polling  place  and  in  plain  view 
of  the  public,  and  deliver  them  only  to  qualified  voters. 
Every  qualified  voter,  before  receiving  his  ballot,  shall 
announce  his  name  and  place  of  residence  in  a clear,  audi- 
ble tone  of  voice  to  the  ballot  clerk,  or  present  his  name 
and  residence  in  writing,' and  if  such  name  be  found  upon 
the  Precinct  Register  by  the  ballot  clerk  having  charge 
thereof  he  shall  repeat  the  name;  his  name  shall  be  noted 
by  the  poll  clerks  and  each  voter’s  name  shall  be  numbered 
consecutively  by  the  poll  clerks,  with  the  number  upon  the 
stub  of  the  ballot  delivered  to  him,  and  the  order  of  the 
respective  applications  for  ballots  to  the  ballot  clerk.  The 
ballot  clerk  shall  also  write  his  name  upon  said  stub,  and 


308 


City  Ordinances 


the  voting  number  of  such  vote  as  it  appear  upon  the 
Precinct  Register  and  the  ballot  Clerk  shall  give  him  one 
and  only  one,  ballot,  and  his  name  shall  be  immediately 
checked  on  the  Precinct  Register. 

Sec.  3.  Whereas,  it  is  necessary  to  the  public  peace, 
health  and  safety  of  the  City  of  Phoenix,  and  in  order  to 
facilitate  the  holding  of  Primary  and  General  Elections  to 
be  held  in  March  and  April  next  respectively,  that  this 
Ordinance  become  immediately  effective,  now  therefore. 

An  emergency  is  hereby  declared  to  exi  t,  and  this 
Ordinance  shall  be  in  full  force  from  and  after  its  pas- 
sage by  the  Commission,  approved  by  the  Mayor,  and 
posting  and  publication  as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
21st  day  of  January,  1920. 

Approved  this  21st  day  of  January,  1920. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  331. 

An  Ordinance  dividing  the  City  of  Phoenix  into  twelve 

voting  precincts. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  for  the  purpose  of  all  elections  to 
be  hereafter  held,  the  City  of  Phoenix  i a hereby  divided 
into  twelve  (12)  election  precincts,  which  said  precincts 
are  hereby  bounded  and  transcribed  in  the  manner  fol- 
lowing: 

First  Precinct:  Amended  by  Ordinance  432. 

Second  Precinct:  Amended  by  Ordinance  432. 

Third  Precinct:  Amended  by  Ordinance  432. 

Fourth  Precinct:  Beginning  at  the  center  of  the  inter- 
section of  Washington  street  and  Eleventh  street,  running 
thence  north  along  the  center  line  of  Eleventh  street  to 
the  center  line  of  Roosevelt  street;  thence  east  to  the 
northeast  corner  of  Germania  Place,  running  thence  south 
along  the  east  line  of  Germania  Place  to  the  center  of 
Van  Buren  street;  thence  south  along  the  line  of  Six- 
teenth street  to  the  center  line  of  Washington  street; 
thence  west  along  the  center  of  Washington  street  to  the 
place  of  beginning. 

Fifth  Precinct:  Beginning  at  the  center  of  the  inter- 

section of  Washington  street  and  Eleventh  street,  running 
thence  west  along  the  center  line  of  Washington  street 
to  the  center  of  the  intersection  of  Washington  street 
and  Fifth  street;  thence  north  along  the  center  of  Fifth 
street  to  the  center  line  of  Roosevelt  street;  thence  east 
along  the  center  line  of  Roosevelt  street  to  the  center 
line  of  Eleventh  street;  thence  south  to  the  place  of  be- 
ginning. 


City  of  Phoenix 


209 


Sixth  Precinct:  Beginning  at  the  center  of  the  inter- 

section of  Washington  street  and  Fifth  street,  running 
thence  west  along  the  center  line  of  Washington  street  to 
the  center  line  of  Central  avenue;  thence  north  along  the 
center  line  of  Central  avenue  to  the  center  line  of  Roose- 
velt street;  thence  east  along  the  center  line  of  Roosevelt 
street  to  the  center  line  of  Fifth  street;  thence  south 
along  the  center  line  of  Fifth  street  to  the  place  of  be- 
ginning. 

Seventh  Precinct:  Beginning  at  the  center  of  the  in- 
tersection of  Washington  street  and  Central  avenue,  run- 
ning thence  west  along  the  center  line  of  Washington  street 
to  the  center  line  of  Seventh  avenue;  thence  north  along  the 
center  line  of  Seventh  avenue  to  the  center  line  of  Roose- 
velt street;  thence  east  along  the  center  line  of  Roosevelt 
street  to  the  center  line  of  Central  avenue;  thence  south 
along  the  center  line  of  Central  avenue  to  the  place  of 
beginning. 

Eighth  Precinct:  Beginning  at  the  center  line  of 

Washington  street  and  Seventh  avenue  running  thence 
west  along  the  center  line  of  Washington  street  to  the 
center  line  of  Fifteenth  avenue;  thence  north  along  the 
center  line  of  Fifteenth  avenue  to  the  northwest  corner 
of  University  Addition;  thence  east  along  the  north  line 
of  University  Addition  to  the  center  line  of  Seventh 
avenue ; thence  south  along  the  center  line  of  Seventh 
avenue  to  the  place  of  beginning. 

Ninth  Precinct:  Beginning  at  the  center  of  the  inter- 

section of  Fifteenth  avenue  and  Washington  street,  run- 
ning thence  west  along  the  center  line  of  Washington 
street  to  the  east  line  of  Twenty-third  avenue,  running 
thence  north  along  the  east  line  of  Twenty-third  avenue 
to  the  northwest  corner  of  Christy  Acres,  running  thence 
east  to  the  intersection  of  Nineteenth  avenue  and  Fill- 
more street;  thence  east  along  the  south  line  of  Fillmore 
street  to  the  east  line  of  Sixteenth  avenue;  thence  north 
along  the  west  line  of  West  Lawn  and  Harbert  Sub- 
division to  the  northwest  corner  of  Harbert  Subdivision ; 
thence  east  along  the  north  line  of  Harbert  Subdivision 
to  the  center  line  of  Fifteenth  avenue;  thence  south  along 
the  center  line  of  Fifteenth  avenue  to  the  place’  of  be- 
ginning. 

Tenth  Precinct:  Beginning  at  the  center  of  the  in- 

tersection of  Washington  street  and  Seventh  avenue,  run- 
ning thence  west  along  the  center  line  of  Washington 
street  to  the  east  line  of  Twenty-third  avenue ; thence 
south  along  the  east  line  of  Twenty-third  avenue  to  the 
north  line  of  Harrison  street;  thence  east  along  the  north 
line  of  Harrison  street  to  the  east  line  of  Eleventh  avenue; 
thence  south  along  the  east  line  of  Eleventh  avenue  to 
the  southwest  corner  of  Irvine  Addition;  thence  east  along 
the  south  line  of  Irvine  Addition  to  the  center  line  of 
Seventh  avenue;  thence  north  along  the  center  line  of 
Seventh  avenue  to  the  place  of  beginning. 

Eleventh  Precinct:  Beginning  at  the  center  of  the 

intersection  of  Washington  street  and  Seventh  avenue. 


310 


City  Ordinances 


running  thence  east  along  the  center  line  of  Washington 
street  to  the  center  of  the  intersection  of  Washington 
street  and  Central  avenue;  thence  south  along  the  center 
line  of  Central  avenue  to  the  north  line  of  Yavapai  street; 
thence  west  along  the  north  line  of  Yavapai  street  to  the 
center  line  of  Seventh  avenue ; thence  north  along  the 
center  line  of  Seventh  avenue  to  the  place  of  beginning. 

Twelfth  Precinct:  Beginning  at  the  center  of  the 

intersection  of  Washington  street  and  Central  avenue,  run- 
ning thence  east  along  the  center  line  of  Washington 
street  to  the  east  line  of  Sixteenth  street;  thence  south 
along  the  east  line  of  Sixteenth  street  to  the  north  line 
of  Harrison  street;  thence  west  along  the  north  line  of 
Harrison  street  to  the  west  line  of  Seventh  street;  thence 
south  along  the  west  line  of  Seventh  street  to  the  south- 
east corner  of  the  northwest  quarter  of  the  southeast 
quarter  of  Section  Eight  (8) ; thence  west  to  the  west  line 
of  Third  street;  thence  south  along  the  west  line  of  Third 
street  to  the  north  line  of  Gray  street;  thence  west  along 
the  north  line  of  Gray  street  to  the  center  of  Central 
avenue;  thence  north  along  the  central  line  of  Central 
avenue  to  the  place  of  beginning. 

Section  2.  WHEREAS,  it  is  necessary  to  the  public 
peace,  health  and  safety  that  proper  precincts  may  be. 
created  for  the  purposes  of  the  Primary  Election  to  be 
held  on  the  5th  day  of  March,  1920;  now,  therefore, 

An  emergency  is  hereby  declared  to  exist,  and  this 
Ordinance  shall  be  exempted  from  the  provisions  of  the 
referendum,  and  shall  be  in  full  force  and  effect  from 
and  after  its  passage  by  the  Commission,  approval  by  the 
Mayor,  and  posting  and  publication  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
21st  day  of  January,  1920. 

Approved  this  21st  day  of  January,  1920. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  432. 

An  Ordinance  amending  Ordinance  No.  331  (New  Series), 
of  the  City  of  Phoenix,  entitled,  “An  Ordinance  di- 
viding the  City  of  Phoenix  into  twelve  voting  pre- 
cincts.” 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  that  paragraph  of  Section  1 of  Ordi- 
nance No.  331  (New  Series),  of  the  City  of  Phoenix,  enti- 
tled, “First  Precinct,”  be  and  the  same  is  hereby  amended 
to  read  as  follows: 

“First  Precinct:  Beginning  at  the  center  of  the  in- 

tersection of  Central  avenue  and  Roosevelt  street,  running 
thence  north  along  the  center  line  of  Central  avenue  to 


City  of  Phoenix 


311 

the  south  border  of  the  Little  Maricopa  Canal,  running 
thence  west  to  the  east  line  of  Third  avenue  extended, 
thence  south  along  the  east  line  of  Third  avenue  extended 
to  the  south  line  of  McDowell  Road,  thence  west  along 
the  south  line  of  McDowell  Road  to  the  east  line  of 
Eleventh  avenue,  thence  south  along  the  east  line  of 
Eleventh  avenue  to  the  center  line  of  Roosevelt  street; 
thence  east  along  the  center  line  of  Roosevelt  street  to 
the  place  of  beginning. 

That  that  paragraph  of  Section  1 of  Ordinance  No. 
331  (New  Series),  of  the  City  of  Phoenix,  entitled,  “Sec- 
ond Precinct,”  be  and  the  same  is  hereby  amended  to  read 
as  follows: 

Second  Precinct:  Beginning  at  the  center  of  the 

intersection  of  Central  avenue  and  Roosevelt  street,  run- 
ning thence  north  along  the  center  line  of  Central  avenue 
to  a point  one  hundred  and  fifteen  (115)  feet  north 
of  the  north  line  of  Vernon  avenue;  thence  east  to  the 
west  line  of  Third  street;  thence  south  along  the  west  line 
of  Third  street  to  the  south  line  of  the  Little  Maricopa 
Canal;  thence  east  along  the  south  line  of  the  Little  Mari- 
copa Canal  to  the  center  of  Seventh  street  extended; 
thence  south  along  said  center  line  of  Seventh  street  to 
the  center  of  the  intersection  of  Seventh  street  and  Roose- 
velt street;  thence  west  along  the  center  line  of  Roosevelt 
street  to  the  place  of  beginning. 

That  that  paragraph  of  Section  1 of  Ordinance  No. 
331  (New  Series),  of  the  City  of  Phoenix,  entitled,  “Third 
Precinct,”  be  and  the  same  is  hereby  amended  to  read 
as  follows: 

Third  Precinct:  Beginning  at  the  center  of  the  in- 

tersection of  Roosevelt  street  and  Seventh  street,  running 
thence  north  along  the  center  line  of  Seventh  street  to 
the  south  line  of  Homewood  Road,  running  thence  east 
along  the  south  line  of  Homewood  Road  to  the  west  line 
of  Tenth  street,  running  thence  south  along  the  west  line 
of  Tenth  street  to  the  northwest  corner  of  Homewood 
Road  and  Francis  Heights;  thence  east  along  the  north 
line  of  said  Homewood  and  Francis  Heights  to  the 
northeast  corner  of  Homewood  Subdivision;  thence  south 
along  the  east  line  of  Homewood  Subdivision  to  the  south 
line  of  McDowell  Road;  thence  east  along  the  south  line 
of  McDowell  Road  to  the  west  line  of  Fourteenth  street 
extended;  thence  south  along  the  west  line  of  Fourteenth 
street  extended  to  the  center  line  of  Roosevelt  street; 


312 


City  Ordinances 


thence  west  along  the  center  line  of  Roosevelt  street  to 
the  place  of  beginning. 

Sec.  2.  WHEREAS,  it  is  necessary  to  the  public 
peace,  health  and  safety  of  the  City  of  Phoenix  that  pro- 
visions be  made  whereby  residents  of  certain  new  addi- 
tions to  the  City  of  Phoenix  may  exercise  their  franchise 
at  the  Bond  Election  to  be  held  in  the  City  of  Phoenix 
on  the  27th  day  of  November,  1920;  Now,  therefore, 

An  emergency  is  hereby  declared  to  exist,  and  this 
Ordinance  shall  be  exempt  from  the  provisions  of  the 
referendum,'  and  shall  be  in  full  force  and  effect  from 
•and  after  its  passage  by  the  Commission,  approval  by 
the  Mayor,  and  posting  and  publication  as  provided 
by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  24th  day  of  November,  1920. 

Approved  this  24th  day  of  November,  1920. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


CHAPTER  VII. 

OFFICERS  AND  EMPLOYEES. 

ORDINANCE  NO.  1. 

An  Ordinance  creating  certain  offices  of  the  City  of 
Phoenix  in  addition  to  those  provided  for  in  the  City 
Charter  adopted  on  the  11th  day  of  October,  1913, 
defining  and  prescribing  the  duties  of,  and  fixing  the 
compensation  and  bonds  for,  all  the  officers  of  the 
City,  and  providing  that  the  office  of  the  City  As- 
sessor and  the  office  of  the  City  Collector,  as  well  as 
other  offices  created  by  this  Ordinance,  may  be  filled 
by  one  and  the  same  person. 

Be  it  Ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  In  addition  to  the  offices  of  City  Man- 
ager, City  Auditor,  City  Clerk,  City  Assessor,  City  Treas- 
urer, City  Collector,  City  Attorney,  City  Engineer,  Chief 
of  Police,  Fire  Chief,  Superintendent  of  Streets  and  City 
Magistrate  provided  for  in  the  City  Charter  adopted  on 
the  11th  day  of  October  1913,  there  are  hereby  further 
established  and  created  the  offices  of  City  Health  Of- 


City  of  Phoenix 


313 


ficer,  City  Sealer  of  Weights  and  Measures,  City  Inspector 
of  Buildings  and  Superintendent  of  Water  Works. 

Sec.  2 (A).  The  City  Manager  shall  have  the  gen- 
eral supervision  and  direction  of  the  administrative  opera- 
tion of  the  City  government.  He  shall  supervise  and  di- 
rect the  official  conduct  of  all  appointive  officers,  except 
the  City  Auditor  and  the  City  Magistrate.  He  shall  sup- 
ervise the  performance  of  all  contracts  made  by  any 
person  for  work  done  for  the  City  and  in  that  behalf  rep- 
resent the  City,  except  as  it  may  be  otherwise  provided 
in  the  City  Charter.  He  shall  make  all  purchases  of  ma- 
terials or  supplies  for  the  City,  and  shall  see  that  the 
same  are  received  as  contracted  for.  He  shall  employ  and 
discharge  from  time  to  time,  as  occasion  requires,  all  em- 
ployees of  the  city.  He  shall  appoint  all  officers  of  the 
city,  the  appointment  or  election  of  whom  are  not  other- 
wise provided  for  in  the  charter,  and  may  remove  them 
when  the  interests  of  the  City  require 

He  shall  make  written  report  to  the  Commission  at  its 
first  meeting  in  each  month  of  the  state  and  condition  of 
the  business  and  affairs  of  the  City;  and  he  shall,  when- 
ever required  by  the  Commission,  make  a written  or  verbal 
report  as  may  be  indicated  by  the  Commission,  in  detail, 
of  any  particular  matter  relating  to  the  affairs  of  the  City 
within  his  supervision. 

He  shall  require  monthly  reports,  and  may  require 
them  oftener,  from  each  of  the  officers  of  the  city  ap- 
pointed by  him,  of  the  business  and  condition  of  such 
office,  and  shall  submit  the  same  to  the  Commission  upon 
its  request  therefor.  All  reports  required  by  the  charter 
or  by  Ordinance  shall  be  in  writing,  except  that  the  Com- 
mission, in  the  case  of  reports  other  than  the  said  monthly 
reports,  may  direct  them  to  be  verbal;  and  the  Manager 
may  direct  reports  other  than  such  monthly  reports  to  be 
made  verbally. 

It  shall  be  his  duty  to  see  that  all  the  Ordinances  of 
the  City  are  enforced.  He  shall,  on  or  before  the  first 
Monday  in  May  in  each  year,  or  such  date  in  each  year 
as  shall  be  otherwise  fixed  by  the  Commission,  prepare 
a careful  estimate  in  writing  of  the  amounts  in  money, 
specifying  in  the  detail  the  purposes  thereof,  required 
for  the  business  and  conduct  of  the  affairs  of  the  City 
during  the  next  ensuing  fiscal  year;  and  shall,  on  or  be- 
fore the  first  Monday  in  June  of  each  year,  or  on  such 
date  in  each  year  as  shall  be  fixed  by  the  Commission, 
submit  to  the  Commission  the  estimates  of  each  depart- 


314 


City  Ordinances 


ment  and  his  own  personal  report  and  recommendation 
and  estimate  as  to  the  probable  expenditures  of  the  City 
for  the  next  ensuing  fiscal  year,  stating  the  amounts  in 
detail  required  to  meet  all  expenditures  necessary  for 
City  purposes,  including  a City  sinking  fund  for  out- 
standing indebtedness,  if  any,  therein;  also  an  estimate  of 
the  amount  of  income  expended  from  all  sources  in  each 
department,  and  the  probable  amount  required  to  be 
raised  by  taxation  to  cover  such  expenditures,  interest  and 
sinking  fund. 

The  City  Manager  must  not  hear  or  consider  any 
claim  in  favor  of  anyone  against  the  city  unless  an  ac- 
count, properly  made  out,  giving  all  the  items  claimed, 
duly  verified  as  to  its  correctness  and  that  the  amount 
claimed  is  justly  due,  is  presented  to  him  within  six  (6) 
months  after  the  last  item  of  the  account  accrued,  except 
claims  of  officers  of  the  city  for  their  salaries;  and  if  he 
shall  find  that  any  claim  presented  is  not  payable  by  the 
City  or  is  not  a proper  charge,  he  shall  reject  the  same; 
if  he  finds  it  to  be  a proper  charge,  but  for  a greater 
amount  than  is  due,  he  may  allow  the  claim  in  part  and 
order  paid  the  portion  allowed  upon  the  claimant  filing  his 
receipt  in  full  for  his  account.  He  shall  not  allow  any 
demand  upon  the  City  in  favor  of  any  person  in  any 
manner  indebted  to  the  City  without  first  deducting 
such  indebtedness,  or  in  favor  of  any  officer  whose  ac- 
counts shall  not  have  been  rendered  and  approved  or  who 
shall  have  neglected  or  refused  to  make  his  official  re- 
turns or  reports  in  writing,  as  required  by  the  provisions 
of  the  charter  or  any  Ordinance  of  the  Commission,  or  in 
favor  of  any  officer  who  shall  wilfully  neglect  or  refuse 
to  perform  any  of  the  duties  of  his  office. 

He  shall  have  power  to  examine,  orally  or  otherwise, 
on  oath,  persons  representing  any  demand  on  the  City, 
or  the  agent  or  attorney  of  such  person,  or  any  other 
person,  in  order  to  ascertain  any  facts  necessary  or  prop- 
er for  him  to  know  in  order  to  determine  the  allowance 
or  disallowance  of  such  demands.  He  shall  sign  all  war- 
rants drawn  upon  the  City  Treasurer. 

He  shall  observe,  respect  and  carry  out  all  of  the 
provisions  of  the  Constitution  of  Arizona,  the  laws  of  the 
State  of  Arizona,  and  the  provisions  of  the  charter  of 
the  City  and  of  all  Ordinances  and  resolutions  of  the  Com- 
mission which  may  or  shall  affect,  relate  to  or  appertain 
to  his  office  or  the  conduct  thereof. 

(B).  The  City  Auditor  shall  prescribe  and  require 
except  as  they  may  be  by  law  prescribed  and  required, 
the  use  of  plain  and  uniform  systems  of  keeping  books 
of  account  by  all  City  officers,  who  are  charged  with 
the  receipt  or  disbursement  of  any  of  the  funds  of  the 
City,  or  who  may  be  authorized  to  purchase  material  and 
supplies  or  employ  labor  for  it.  He  shall  prescribe  the 
form  of  vouchers  or  other  evidences  of  the  receipt  of 


City  of  Phoenix 


315 


money  from  the  City  or  for  the  establishment  of  de- 
mands against  the  City.  He  shall  at  all  times  have  ac- 
cess to,  and  may  inspect  and  take  copies  of,  all  books  on 
which  entries  are  made,  or  are  required  to  be  made,  rel- 
ative to  the  receipt  or  expenditure  of  money,  on  account 
of  the  City  and  all  vouchers,  accounts,  bills,  warrants, 
drafts,  contracts  and  other  papers  relating  thereto.  He 
shall  have  power  to  administer  oaths  for  the  purpose  of 
ascertaining  the  facts  relating  to  any  charge  or  claim 
against  the  City  made  or  claimed  by  any  person,  part- 
nership, association  or  corporation  whatsoever. 

He  shall  inquire  into  and  inform  himself  as  to  the 
legality  of  all  claims  to  be  paid  out  of  the  city  treasury 
or  for  which  warrants  thereon  might  be  or  have  been 
drawn,  as  well  as  the  reasonableness  of  the  prices  charged 
or  claimed  for  material,  supplies  or  labor,  and  the  facts 
as  to  the  delivery  or  rendition  thereof  to,  or  for  the  use 
of  the  City. 

He  shall,  at  the  first  meeting  of  the  Commission  in 
each  month,  make  a written  report  to  the  Commission  of 
all  expenditures  made  or  incurred  by  the  City  or  on  its 
account  during  the  next  preceding  month,  showing  the 
same  in  detail,  and  as  well  the  receipts  by  the  City  in  de- 
tail on  all  accounts,  and  showing  at  the  time  the  financial 
condition  of  the  city.  He  shall  make  written  or  verbal 
reports  to  the  Commission  whenever  required  by  it  of 
any  particular  matters  relating  to  the  business  of  the  City 
involving  the  receipt  or  expenditure  of  money  or  incur- 
ring expense  therein. 

He  shall  examine,  audit,  and  check  all  books,  records 
and  accounts  of  each  and  every  officer  and  employee  of 
the  City  who  is,  or  may  be  required  by  law  to  keep  rec- 
ords or  accounts,  at  least  once  each  month,  and  oftener 
if  the  Commission  so  requires,  and  shall  report  to  the 
Commission  the  result  of  such  examination,  audit  and 
check. 

He  shall  examine,  audit  and  check  all  books,  records, 
and  accounts  of  each  and  every  officer  and  employee  of 
the  City  who  is  or  may  be,  authorized  to  purchase,  re- 
ceive, sell,  disburse  or  dispose  of,  or  who  may  purchase, 
receive,  sell,  disburse  or  dispose  of,  any  property  of,  or  be- 
longing to,  the  city,  or  who  is  or  may  be  authorized  to 
incur  or  contract  any  indebtedness  for  or  on  account  of 
the  City,  or  who  is  authorized  or  required  to  collect,  re- 
ceive, care  for  or  have  in  his  possession,  or  who  does  re- 
ceive, collect,  care  for  or  have  in  his  possession  any  mon- 
eys, machinery,  supplies,  material,  equipment  or  other 
property  belonging  to  the  city  and  shall  make  report 
thereof  to  the  Commission  at  least  once  every  month,  and 
oftener  should  the  Commission  so  require. 

He  shall  promptly  examine,  audit  and  certify  as  to 
the  correctness  of  all  claims,  bills  and  demands  against 
the  City  for  material,  equipment,  supplies,  labor,  services 
or  property,  purchased  or  received  by  or  furnished  or  de- 
livered to,  the  city;  and,  except  for  claims,  bills  and  de- 
mands against  the  city  for  salaries  and  wages  of  city  of- 
ficers and  employees,  no  warrant  shall  be  drawn  upon 


316 


City  Ordinances 


the  City  Treasurer  for  the  payment  of  any  claim,  or  de- 
mand against  the  City  until  after  such  audit  and  certifi- 
cation. 

He  shall  perform  such  other  and  further  duties  as 
may  be  hereafter  prescribed  by  the  Commission,  and  such 
other  and  further  duties  as  may  be  required  of  him  by  the 
City  Manager,  subject  to  review  by  the  Commission. 

(C) .  The  City  Magistrate  shall  preside  over  the 

City  Court  of  the  City  of  Phoenix,  Maricopa  County,  Ari- 
zona, and  said  court  shall  always  be  open,  except  on  non- 
juridicial  days,  and  on  such  days  it  may  transact  such 
business  with  its  jurisdiction  as  is  authorized  by  general 
law  to  be  transacted  by  courts  of  justices  of  the  peace 
relative  to  business  within  their  jurisdiction.  The  City 
Court  shall,  within  the  territorial  limits  of  the  City,  have 
and  exercise  jurisdiction  as  follows:  It  shall  have  and  ex- 

ercise exclusive  original  jurisdiction  of  all  proceedings 
of  a criminal  nature  for  the  violation  of  any  Ordinances 
of  said  City,  and  of  every  action  of  a civil  nature  for  the 
enforcement  of  a penalty  or  the  recovery  of  a penalty  or 
forfeiture  imposed  by  any  Ordinance  of  said  city  for 
violation  thereof  or  for  neglect  to  perform  any  duty  by 
Ordinance  imposed;  of  every  action  for  the  collection  of 
any  license,  tax  or  penalty  due  from  any  person,  co- 
partnership, association,  or  corporation  to  the  City  and 
required  to  be  paid,  or  which  is  due  and  collectible  under 
the  Ordinances  of  the  City. 

For  the  carrying  out  of  the  jurisdiction  vested  in  said 
City  Magistrate,  he  shall  be  entitled  and  authorized  to  is- 
sue and  cause ' to  be  served  any  and  all  writs  and  pro- 
cesses, and  he  shall  have  full  authority  to  hear  and  de- 
termine all  matters  properly  coming  before  him  and  com- 
ing within  his  jurisdiction  herein  specified.  The  writs  to 
be  used  by  said  City  Magistrate  shall  be  similar  to  those 
used  by  justices  of  the  peace  in  cases  of  similar  nature. 
And  he  shall  keep,  or  cause  to  be  kept,  a proper  record 
of  the  issuance  of  all  writs,  processes  and  returns,  and  of 
any  and  all  other  actions  taken  relative  thereto,  and  of 
the  action  of  the  court  thereon.  He  shall  also  keep,  or 
cause  to  be  kept,  a record  of  each  and  every  transaction 
of  the  city  court,  and  of  the  acts,  orders  and  judgments  of 
the  City  Magistrate,  together  with  an  accurate  record  and 
account  of  all  fines,  penalties,  and  fees,  and  other  moneys, 
collected  by  him  in  the  course  and  performance  of  his 
duties;  and  shall  pay  and  turn  over  to  the  City  Treasurer 
on  the  first  day  of  each  and  every  month,  all  fees,  penal- 
ties and  fines,  and  other  moneys,  collected  by  him  during 
the  preceding  month  and  shall  take  receipt  therefor. 

He  shall  do  and  perform  such  other  and  further 
duties  as  now  are,  or  may  hereafter  be,  required  of  him 
under  the  provisions  of  the  Constitution  of  Arizona,  the 
laws  of  the  State  of  Arizona,  the  City  Charter  and  the 
Commission. 

(D) .  The  City  Clerk  shall  keep  the  corporate  seal 
of  the  City,  and  shall  also  keep  all  papers  and  documents 
belonging  to  the  City  and  file  the  same  in  his  office  under 
appropriate  heads.  He  shall  attend  all  meetings  of  the 


City  of  Phoenix 


317 


Commission  and  keep  an  accurate  record  and  account 
of  all  proceeding’s,  and  record  the  same  in  proper  books; 
and  he  shall  transcribe  in  proper  books,  separately  kept 
for  that  purpose,  all  Ordinances,  resolutions  and  franchises 
passed  by  the  Commission.  He  shall  attest  all  Ordinances, 
resolutions  and  franchises  approved  and  signed  by  the 
Mayor.  He  shall  countersign  all  warrants  issued  by  the 
City  Manager  and  all  licenses  issued  under  authority  of 
law.  He  shall  keep  an  account  in  appropriate  book,  of  all 
licenses  issued,  and  to  whom  issued,  and  the  amount  of 
each,  and  shall  keep  an  account  of  all  warrants  drawn 
upon  the  City  Treasurer. 

He  shall,  upon  receipt  of  the  assessment  roll,  com- 
pute and  carry  out  the  amount  of  the  tax  levied  upon 
each  parcel  of  property  contained  in  said  assessment  roll, 
and  after  correcting  same,  shall  certify  to  it  as  being 
the  assessment  roll  of  the  city,  and  upon  such  certification 
shall  deliver  the  tax  roll,  so  certified,  to  the  Commission. 

He  shall  do  and  perform  such  other  and  further  dut- 
ies as  may  be  required  by  him  by  the  Constitution  of  Ari- 
zona, the  laws  of  Arizona  and  by  the  charter  and  as  may 
be  required  by  the  Commission,  and  such  additional  dut- 
ies as  may  be  from  time  to  time  required  of  him  by  the 
City  Manager. 

(E).  The  City  Assessor  shall,  between  the  first  Mon- 
day in  January  and  the  first  Monday  in  May  of  each  year, 
ascertain  by  diligent  inquiry  and  examination  all  property 
in  the  City,  real,  personal  or  mixed,  subject  to  taxation, 
and  also  the  names  of  all  persons,  corporations,  companies 
or  firms  owning  or  claiming  the  same,  or  any  interest 
therein,  or  having  possession  or  control  thereof,  and  shall 
determine  the  full  cash  value  of  all  such  property,  and 
shall  list  and  assess  the  same  to  the  person,  firm,  corpor- 
ation, association  or  company  owning  or  having  the  pos- 
session, charge  or  control  thereof,  and  shall  prepare,  com- 
plete and  file  for  equalization  an  assessment  roll  thereof 
with  the  Commission.  He  shall  attend  all  meetings  of  the 
Commission  while  sitting  as  a Board  of  Equalization,  and 
give  to  said  Commission  such  information  as  it  may  re- 
quire of  him. 

He  shall  do  and  perform  such  other  and  further  dut- 
ies as  may  be  required  of  him  by  the  Constitution  of  Ari- 
zona, the  laws  of  the  State  of  Arizona,  the  Charter  and  the 
Commission,  and  also  such  additional  duties  as  may  be 
from  time  to  time  required  of  him  by  the  City  Manager. 

(F.)  The  City  Treasurer  shall  receive  all  moneys 
belonging  to  the  City  and  all  other  moneys  directed  by 
law  to  be  paid  to  him  safely  keep  the  same,  and  apply  and 
pay  them  out  according  to  law,  rendering  account  there- 
of as  required  by  law.  He  shall  keep  an  account  of  the 
receipt  and  expenditure  of  all  moneys  in  books  provided 
for  that  purpose,  in  which  must  be  entered  the  amounts, 
the  time  when,  from  whom  and  on  what  account  all  mon- 
eys were  received  by  him;  the  amounts,  time  when  and  to 
whom  and  on  what  account  all  disbursements  were  made 
by  him. 

He  shall  keep  his  books  so  that  the  amounts  received 


318 


City  Ordinances 


and  paid  out  on  account  of  separate  funds  or  specific 
appropriations  are  exhibited  in  separate  and  distinct  ac- 
counts and  the  whole  of  the  receipts  and  expenditures 
shown  in  one  general  or  cash  account.  He  shall,  at  least 
once  monthly,  and  oftener  if  so  required  by  the  Commis- 
sion, render  to  the  Commission  a written  report  of  the 
receipts  and  disbursements  for  the  then  preceding  month, 
together  with  all  sums  of  money  then  in  his  charge  and 
under  his  control  and  the  particular  funds  and  accounts  in 
which  the  same  are  placed  and  credited. 

He  shall  disburse  the  City  moneys  only  upon  proper 
warrants  therefor,  signed  by  the  City  Manager  and  coun- 
tersigned by  the  City  Clerk. 

By  and  with  the  consent  and  approval  of  the  Com- 
mission he  may  cause  the  city  moneys  to  be  deposited  in 
any  bank  or  banks  in  the  City  upon  sufficient  security  be- 
ing given  to  the  City  therefor  by  said  bank  or  banks,  to 
be  approved  by  said  Commission.  No  City  moneys  shall 
ever  be  deposited  in  any  banking  institution  unless  inter- 
est is  paid  to  the  city  upon  such  moneys  deposited,  at 
the  rate  of  not  less  than  two  per  cent  (2%)  per  annum 
upon  the  daily  balance  of  such  deposited,  to  be  computed 
monthly. 

He  shall  invest  or  deposit  in  banks  in  the  State  of 
Arizona,  savings  accounts  or  otherwise,  any  and  all  mon- 
eys belonging  to  the  City,  collected  and  held  as  sinking 
funds,  the  investment  or  deposit  of  such  funds  to  be  made 
upon  competitive  bids  therefor,  after  due  notice,  or  in 
such  other  public  manner  as  in  the  judgment  of  the  Com- 
mission may  be  deemed  best  in  the  interests  of  the  City. 
In  making  investments  he  may  purchase  only  interest- 
bearing  United  States,  state,  county,  school  district  and 
municipal  bonds,  but  no  bonds  shall  be  purchased  for  a 
higher  price  than  their  market  value  at  the  time  of  pur- 
chase. In  making  deposit  of  such  sinking  funds,  he  may 
select  for  the  purpose  any  reputable  national,  state  or 
savings  bank  or  trust  company  in  the  State  of  Arizona, 
and  obtain  the  highest  rate  of  interest,  not  less,  how- 
ever, than  four  per  cent  (4%)  per  annum,  and  he  shall 
take  from  such  institution  or  institutions  security  for 
such  deposit  in  negotiable,  interest-bearing  United  States, 
state,  county,  school  district  or  municipal  bonds,  or  sure- 
ty company  bonds,  in  an  amount  not  less  than  the  amount 
of  such  deposit,  to  be  approved  by  the  City  Manager;  pro- 
vided that  no  such  deposit  shall  be  made  for  a period 
longer  than  one  year. 

All  moneys  due  as  interest  upon  investments  or  de- 
posits shall  be  collected  by  him,  and  by  him  credited  to 
the  general  fund  of  the  city,  and  any  and  all  bonds  and 
securities  taken  for  investments  and  deposits  shall  be  by 
him  held  for  safe-keeping  for  the  benefit  of  the  city. 

He  shall  do  and  perform  such  other  and  further  dut- 
ies as  may  be  required  of  him  by  the  Constitution  of  Ari- 
zona, the  laws  of  the  State  of  Arizona,  the  charter,  and 
by  the  Commission,  and  also  such  additional  duties  as  may 
be  from  time  to  time  required  of  him  by  the  City  Man- 
ager. 


City  of  Phoenix 


319 


(G.)  The  City  Collector  shall  collect  and  receive  all 
moneys  due,  to  become  due,  to  the  City  from  taxes,  li- 
censes, assessments  and  other  sources  of  income  and  rev- 
enue except  as  herein  otherwise  specifically  provided  for, 
and  shall  keep  a full  and  accurate  record  and  account 
of  all  moneys  so  collected  by  him,  showing  from  whom  and 
for  what  the  same  was  collected,  and  shall  keep  full  and 
accurate  records  of  all  other  acts  and  proceedings  had 
and  taken  by  him;  and  at  least  once  a month,  and  oftener 
if  required  by  the  Commission,  shall  make  written  re- 
port to  the  Commission  of  all  moneys  collected  or  re- 
ceived by  him  and  from  what  sources. 

He  shall  at  least  once  a month,  and  oftener  if  re- 
quired by  the  Commission,  pay  over  to  the  City  Treasurer 
all  moneys  theretofore  collected  and  held  by  him,  from 
whatever  source  derived,  and  take  receipt  therefor. 

He  shall  do  and  perform  such  other  and  further 
duties  as  may  be  required  of  him  by  the  Constitution  of 
Arizona,  the  laws  of  the  State  of  Arizona,  the  charter, 
and  the  Commission,  and  also  such  additional  duties  as 
may  from  time  to  time  be  required  of  him  by  the  City 
Manager. 

(H).  The  City  Attorney  shall  act  as  legal  counselor 
and  adviser  of  the  Commission  and  other  city  officials, 
and  shall  give  his  opinion  in  writing  when  required  by  the 
Commission.  He  shall  draft  all  deeds,  conveyances,  con- 
tracts, Ordinances  and  other  legal  instruments  when  re- 
quired by  the  Commission,  and  shall  prosecute  and  defend 
all  suits,  actions  and  causes  where  the  City  is  a party; 
provided,  he  shall  not  be  required  to  attend  any  causes 
before  the  City  Magistrate  unless  expressly  required  by 
the  Commission. 

He  shall  report  to  the  Commission  when  required  the 
condition  and  state  of  any  suit  or  action  to  which  the 
city  is  a party. 

He  shall  do  and  perform  such  other  and  further  dut- 
ies as  may  be  required  of  him  by  the  Constitution  of  Ari- 
zona, the  laws  of  Arizona,  the  charter  and  the  Commis- 
sion, and  also  such  additional  duties  as  may  be  from  time 
to  time  required  of  him  by  the  City  Manager. 

(I.)  The  City  Engineer  shall  do  and  perform  all  sur- 
veying and  engineering  work  for  the  city.  He  shall  es- 
tablish the  grades  of  streets,  alleys,  curbs,  paving,  side- 
walks and  ditches,  and  run  lines,  set  stakes  and  make 
plats,  diagrams  and  charts  thereof  whenever  required.  He 
shall  establish  and  run  the  grades  and  lines  of  all  railways 
and  railway  lines  whether  steam,  electric  or  otherwise, 
and  establish  the  grades  and  run  the  lines  for  all  tele- 
phone and  telegraph  lines  and  electric  lines,  pipes,  con- 
duits, sewers,  sewer  mains  and  pipes,  water  mains  and 
pipes,  and  gas  mains  and  pipes.  He  shall  establish  the 
grades  of  street  crossings,  of  all  city  drainage  and  sur- 
vey and  establish  all  street  and  property  lines. 

He  shall  exercise  all  his  powers  and  duties  under 
the  supervision  and  direction  of  the  Superintendent  of 
Streets  and  under  the  control  and  direction  of  the  City 
Manager. 


320 


City  Ordinances 


He  shall  do  and  perform  such  other  and  further  dut- 
ies as  may  hereafter  be  required  of  him  by  the  Constitu- 
tion of  Arizona,  the  laws  of  Arizona,  the  City  charter  or 
the  Commission,  and  also  such  additional  duties  as  may 
be  from  time  to  time  required  of  him  by  the  City  Man- 
ager. 

(J)  The  Chief  of  Police  shall  preserve  the  peace  of 
the  city.  He  shall  arrest  and  take,  and  cause  to  be  ar- 
rested and  taken,  before  the  City  Magistrate  all  persons 
committing  or  attempting  to  commit  an  offense  against 
the  law  or  the  Ordinances  of  the  city.  He  shall  prevent 
and  suppress  all  affrays,  riots  and  breaches  of  the  peace 
which  may  come  to  his  knowledge.  He  shall  have  charge 
and  supervision  of  the  City  Jail  and  the  prisoners  therein. 
He  shall  have  supervision  and  direction  of  the  police  of 
the  city.  He  shall  serve  or  cause  to  be  served  all  writs 
and  processes  issued  by  the  City  Magistrate,  and  shall 
make  or  cause  to  be  made  proper  return  thereof  and 
thereon.  He  shall  keep  a full  and  accurate  record  of  all 
arrests  made  by  him  or  the  police  of  the  city,  showing 
the  name  of  each  person  arrested,  the  date  of  arrest  and 
the  nature  of  the  charge  upon  which  the  arrest  was 
made,  the  name  of  each  person  committed  to  the  City 
Jail,  the  nature  of  the  charge  or  process  under  which 
such  imprisonment  was  made,  the  length  and  term  of 
such  imprisonment  and  when  and  why  released.  He  shall 
keep  a full  and  accurate  record  and  account  of  each  and 
every  writ  and  process  issued  by  the  City  Magistrate  for 
service,  to  whom  delivered  for  service,  and  the  date  and 
return  made  thereof. 

He  shall  take  charge  of,  preserve  and  care  for  all 
property  of  the  city  used  in  connection  with  the  Police 
Department  thereof,  and  shall  safely  keep  and  preserve 
for  the  rightful  owner  thereof  all  other  property  which 
shall  be  intrusted  to  his  care  or  come  into  his  possession. 

He  shall  make  monthly  reports  in  writing  of  all  the 
proceedings  had  and  taken  by  him  and  by  the  police  of 
the  city  for  the  preceding  month,  to  the  Commission.  He 
shall  be  at  all  times  subject  to  the  supervision  and  control 
of  the  City  Manager,  and  he  shall  do  and  perform  such 
other  and  further  duties  as  may  be  required  of  him  by 
the  Constitution  of  Arizona,  the  laws  of  Arizona,  the 
Charter,  and  the  Commission,  and  also  such  additional 
duties  as  may  be  from  time  to  time  required  of  him  by 
the  City  Manager. 

(K)  The  Fire  Chief  shall  keep,  preserve  and  control 
all  livestock,  vehicles,  appliances,  apparatus,  equipment 
and  machinery  used  or  employed  in  connection  with  the 
city  Fire  Department  and  shall  supervise  and  direct  the 
use  and  maintenance  thereof.  He  shall  supervise  and 
direct  the  members  of  the  Fire  Department,  and  shall 
personally  attend  at,  direct  and  supervise  the  extinguish- 
ment and  control  of  all  fires  within  the  city;  and  shall 
do  and  perform  such  acts  and  employ  such  measures  as 
may  from  time  to  time  be  necessary  to  prevent,  control 
or  extinguish  conflagrations  throughout  the  city.  He  shall 
keep  a full  and  accurate  record  and  account  of  all  prop- 


City  of  Phoenix 


321 


erty  belonging  to  the  city  and  intrusted  to  his  care  or 
under  his  control,  and  a full  and  complete  record  of  each 
and  every  conflagration  within  the  city,  showing  the 
premises  upon  which  such  conflagration  occurred,  the 
owner  of  the  premises,  the  cause  or  causes  of  the  con- 
flagration, the  damage  and  loss  incurred,  or  sustained 
thereby,  and  the  names  of  the  members  of  the  Fire  De- 
partment who  wrere  present  and  assisted  in  the  extinguish- 
ment thereof. 

At  least  once  every  month,  and  oftener  if  required 
by  the  Commission,  he  shall  make  a written  report  to  the 
Commission  of  all  proceedings  had  or  done  by  him  or 
under  his  direction  during  the  preceding  month. 

He  shall  be  at  all  times  subject  to  the  supervision, 
direction  and  control  of  the  City  Manager,  and  he  shall 
do  and  perform  such  other  and  further  duties  as  may  be 
required  of  him  by  the  Constitution  of  Arizona,  the  laws 
of  Arizona,  the  City  Charter,  the  Commission,  and  also 
such  additional  duties  as  may  be  from  time  to  time  re- 
quired of  him  by  the  City  Manager. 

(L)  The  Superintendent  of  Streets  shall  have  su- 
pervision and  control  of  the  maintenance  of  all  streets, 
sidewalks,  parks,  city  corrals  and  city  buildings,  and  the 
work  done  and  to  be  done  therefor,  therein  and  thereon, 
and  he  shall  at  all  times  keep  the  same  and  each  of  them 
clean  and  free  from  obstructions,  debris,  waste  and  gar- 
bage, and  shall  supervise  and  control  the  construction  of 
all  curbs,  gutters,  ditches,  culverts,  bridges,  street  cross- 
ings and  structures  and  the  maintenance  and  repair 
thereof;  and  shall  have  supervision  and  control  over  all 
vehicles,  livestock,  sprinklers,  street  sweepers,  machinery, 
appliances  and  devices,  except  fire  equipment  and  ap- 
paratus belonging  to,  or  used  by  the  city.  He  shall  have 
supervision,  charge  and  control  of  the  city  corral  and 
livestock  and  the  care  and  maintenance  thereof.  He  shall 
have  supervision  and  control  over  all  parks  of  the  city 
and  of  all  trees,  grass  and  foliage  growing  in  and  upon 
any  of  the  parks  or  premises  belonging  to  the  city  or 
upon  any  of  the  streets  or  highways  belonging  to  the  city. 

He  shall  have  supervision  and  control  of  the  construc- 
tion, maintenance  and  operation  of  railway  and  street 
railway  lines,  tracks  and  works  in,  upon  and  over  the 
streets  and  alleys  of  the  city,  and  shall  have  supervision 
over  and  control  of  the  laying,  installation,  construction 
and  maintenance  of  curbs,  gutters,  street  paving,  side- 
walks, water  pipes  and  mains,  sewer  pipes  and  mains  and 
conduits,  electrical  conduits  and  electric  telephone  and 
telegraph  lines  and  conduits,  on,  over,  above  or  under  all 
or  any  of  the  streets  and  alleys  of  the  city. 

He  shall  have  supervision  over  the  City  Engineer. 
He  shall  at  all  times  be  subject  to  the  direction  and  con- 
trol of  the  City  Manager.  He  shall  perform  such  other 
and  further  duties  as  may  be  required  of  him  by  the  Con- 
stitution of  Arizona,  the  laws  of  Arizona,  the  City  Char- 
ter, or  the  Commission,  and  also  such  other  and  further 
duties  as  may  be  from  time  to  time  required  of  him  by 
the  City  Manager. 


322 


City  Ordinances 


(M)  The  City  Health  Officer  shall  be  a licensed 
physician,  and  shall  have  supervision  and  control  over  the 
public  health  and  sanitation  of  the  city.  He  shall  make 
and  enforce  all  needful  rules  and  regulations  for  the  pre- 
vention of  and  to  prevent  the  spread  of  any  and  all  con- 
tagious or  infectious  diseases  among  persons  and  do- 
mestic animals. 

He  shall  have  power  to  establish  quarantine  and 
isolate  any  person  or  persons  affected  with  any  contagious, 
infectious,  epidemic  or  endemic  disease;  to  isolate,  quar- 
antine, kill  or  remove  any  animal  or  animals  affected 
with  any  contagious  or  infectious  disease  when  necessary 
to  protect  public  health;  to  remove  or  cause  to  be  re- 
moved any  dead,  decayed  or  decaying  body  or  any  de- 
cayed or  decaying  substance,  or  any  other  noxious  or 
offensive  substance  or  thing  which  may  endanger  the 
health  or  safety  or  interfere  with  the  comfort  of  the 
public,  to  condemn  and  cause  to  be  destroyed  ary  impure 
or  diseased  article  of  food  that  may  be  offered  for  sale 
or  held  for  consumption.  He  shall  examine  into  all 
nuisances,  sources  of  offense  and  discomfort,  and  causes 
and  sources  of  sickness  and  disease,  and  shall  make  such 
regulations  regarding  the  same  as  in  his  judgment  shall  be 
necessary  for  the  preservation  and  promotion  of  the  pub- 
lic health,  safety  and  comfort  of  the  city. 

He  shall  have  power  to  enter  upon  all  public  and 
private  property  or  premises  to  examine  into  any  nuisance, 
source  of  filth,  or  cause  or  source  of  sickness  or  disease 
found  therein  or  thereon,  and  may  require  the  owner  or 
occupant  thereof  at  his  own  expense  to  remove  the  same. 

He  shall  inspect  as  often  as  he  shall  deem  necessary, 
and  oftener  if  required  so  to  do  by  the  Commission  or 
City  Manager,  all  food  products,  sold,  offered  for  sale,  or 
held  or  designed  for  consumption  or  use  by  persons  or 
animals;  and  shall  inspect  all  water  and  water  supplies 
used  or  designed  for  use  within  the  city,  and  shall  do  and 
perform  all  things  necessary  or  proper  to  prevent  con- 
tamination thereof. 

He  shall  inspect  the  condition  of  all  sewers,  lavatories, 
urinals,  sinks,  privies,  vaults,  sewer  corinections  fixtures, 
and  appliances  and  sewage  effluent,  and  do  any  and  all 
things  necessary  or  proper  to  place  and  keep  the  same  in 
a sanitary  condition;  and  shall  whenever  he  may  deem 
it  necessary  and  oftener  when  required  by  the  Commission 
or  City  Manager,  inspect  all  buildings  and  premises,  pub- 
lic and  private,  within  the  city  and  make  necessary  and 
proper  rules  and  regulations  for  the  placing  and  main- 
taining of  the  same  in  a sanitary  condition,  and  shall  have 
power  to  enforce  all  such  rules  and  regulations. 

He  shall  have  power  to  destroy  or  cause  to  be  de- 
stroyed all  food  products  determined  by  him  to  be  unfit  or 
improper  for  consumption  by  persons  or  animals,  and 
shall  have  power  to  summarily  abate  any  and  all  nuisances 
and  sources  or  causes  of  food  or  water  contamination  en- 
dangering the  health  or  safety  or  interfering  with  the 
comfort  of  the  public. 

He  may  provide  a temporary  hospital  or  place  of 


City  of  Phoenix 


323 


reception  and  detention  for  persons  exposed  to  or  in- 
fected with  infectious  or  contagious  diseases,  and  may 
require  the  removal  of  any  person  or  persons  exposed  to, 
infected  with  or  suffering  from  any  contagious  or  infec- 
tious disease,  thereto,  and  cause  his  or  their  detention 
therein  until  all  danger  to  the  public  therefrom  is  re- 
moved. 

He  shall  gather,  compile  and  tabulate  full  and  ac- 
curate vital  statistics  and  data,  showing  all  m'rths,  deaths, 
accidents,  and  contagious  or  infectious  diseases  within  the 
city,  and  the  time  and  location  thereof. 

He  shall  promptly  turn  over  to  the  City  Treasurer 
any  and  all  moneys  of  or  belonging  to  the  city  collected 
or  received  by  him,  and  take  receipt  therefor. 

He  shall  keep  full  and  accurate  books,  records  and 
accounts  showing  in  detail  all  inspections  and  examina- 
tions made  by  him  or  under  his  direction,  and  the  time, 
place  and  result  thereof;  all  rules  and  regulations,  issued 
or  promulgated  by  him;  all  moneys  collected  or  received 
by  him,  and  when,  from  whom,  and  on  what  account 
received,  and  the  disposition  made  thereof;  and  of  all 
other  acts  and  proceedings  done,  had  or  taken  by  him  in 
his  official  capacity;  and  shall  at  least  once  in  each  month, 
and  oftener  if  so  required  by  the  Commission  or  the  Man- 
ager, render  to  the  Commission  and  the  Manager  a written 
statement  and  report  of  all  his  transactions  and  proceed- 
ings for  the  then  preceding  month. 

He  shall  have  and  exercise  such  further  and  addi- 
tional powers  and  shall  do  and  perform  such  other  and 
further  duties  as  may  be  granted  to  or  required  of  him  by 
the  Constitution  of  Arizona,  the  laws  of  Arizona,  the  City 
Charter  and  the  Commission.  He  shall  at  all  limes  be 
subject  to  the  supervision  and  direction  of  the  City  Man- 
ager, and  he  shall  also  do  and  perform  such  additional 
duties  as  may  from  time  to  time  be  required  of  him  by 
the  City  Manager. 

(N)  The  City  Sealer  of  Weights  and  Measures 
shall  inspect,  test,  try,  and  ascertain  if  they  are  correct, 
all  weights,  scales,  beams,  measures  of  every  kind,  instru- 
ments or  mechanical  devices  for  weighing  or  measuring 
and  tools,  appliances,  or  accessories  connected  with  any 
or  all  such  instruments,  kept,  offered,  or  exposed  for  sale, 
sold  or  used,  or  employed,  within  the  City  by  any  pro- 
prietor, agent,  lessee,  or  employee,  in  proving  the  size, 
quantity,  extent,  area  or  measurements  of  quantities, 
things,  produce,  or  articles  for  distribution  or  consump- 
tion, offered  or  submitted  by  any  such  person  or  persons 
for  sale,  hire  or  reward.  He  shall  have  the  power  to,  and 
shall,  from  time  to  time,  weigh  or  measure  packages  or 
amounts  of  commodities  of  whatsoever  kind  kept  for  the 
purpose  of  sale,  offered  for  sale,  or  sold,  or  in  the 
process  of  delivery,  in  order  to  determine  whether  the 
same  contains  the  amount  represented,  and  whether  they 
be  offered  for  sale  or  sold  in  a manner  in  accordance 
with  law.  He  shall,  at  least  twice  each  year,  and  as  much 
oftener  as  the  Commission  or  the  City  Manager  may 
direct,  test  the  accuracy  of  weights,  measures  and  weigh- 


324 


City  Ordinances 


ing  or  other  devices  used  in  the  city.  He  may,  for  the 
purposes  above  mentioned,  and  in  the  general  performance 
of  his  duties,  enter  and  go  into  or  upon,  without  forma! 
warrant,  any  stand,  place,  building  or  premises,  or  stop 
any  vendor,  peddler,  junk  dealer,  ice  wagon,  or  any 
dealer  whatsoever  and  require  him,  if  necessary,  to  pro- 
ceed to  some  convenient  place  for  the  purpose  of  making 
the  proper  test.  When  the  City  Sealer  of  Weights  and 
Measures  finds  a violation  of  the  statutes  of  the  state  or 
Ordinances  of  the  city  relating  to  weights  and  measures, 
he  shall  cause  the  violator  to  be  prosecuted. 

When  the  City  Sealer  of  Weights  and  Measures  com- 
pares weights  or  measures  or  weighing  or  measuring  in- 
struments and  finds  that  they  correspond  to  the  standards 
in  his  possession,  he  shall  seal  or  mark  such  weights,  meas- 
ures, or  weighing  or  measuring  instruments  with  appro- 
priate devices  to  be  approved  by  the  state  inspector  of 
weights  and  measures. 

He  shall  condemn,  seize,  and  may  destroy,  incorrect 
weights  and  measures,  or  weighing  or  measuring  instru- 
ments which,  in  his  best  judgment,  are  not  susceptible  of 
satisfactory  repairs;  but  such  as  are  incorrect,  but  yet 
may  be  repaired,  he  shall  mark  or  tag  as  condemned  for 
repairs  in  a manner  prescribed  by  the  state  inspector  of 
weights  and  measures.  The  owner  or  user  of  any 
weights  or  measures,  or  weighing  or  measuring  instru- 
ments, of  which  such  disposition  is  made,  shall  have  the 
same  repaired  or  corrected  within  fifteen  (15)  days 
thereafter,  and  shall  not  use  or  dispose  of  the  same  in 
any  way,  but  shall  hold  the  same  at  the  disposal  of  the 
City  Sealer  of  Weights  and  Measures;  and  any  apparatus 
which  has  been  condemned  for  repairs  and  has  not  been 
repaired  as  required  by  him  shall  be  confiscated  by  the 
City  Sealer  of  Weights  and  Measures. 

He  shall  keep  in  a book,  together  with  a card  index 
system  to  be  furnished  him  by  the  Commission,  a complete 
list  of  all  scales  or  weights  and  measures,  weighing  and 
measuring  devices  inspected  and  tested  by  him,  the  name 
of  the  person,  firm  or  corporation  using  such  scales, 
weights,  or  weighing  or  measuring  devices,  and  the  date 
and  result  of  all  inspection ; and  shall  at  all  times  keep 
the  same  open  to  the  inspection  of  the  public.  He  shall 
keep  a complete  record  of  all  his  official  acts,  and  shall 
make  a monthly  and  annual  report,  duly  sworn  to,  on  the 
first  day  of  each  month  and  of  each  year,  to  the  State 
Inspector  of  Weights  and  Measures,  on  blanks  to  be  fur- 
nished by  said  inspector. 

He  shall,  at  least  once  in  every  two  (2)  years,  and  as 
much  often er  as  may,  in  his  judgment  or  the  judgment  of 
the  City  Manager  be  necessary,  or  whenever  r^nne^ted  in 
writing  by  either  the  furnisher  of  water,  electricity  or  gas, 
or  bv  the  consumer  of  the  same,  test  the  accuracy  of  any 
meter  used  or  to  be  used  in  the  measuring  of  any  water, 
electricity  or  gas  furnished  or  to  be  furnished  to  the 
consumer  through  such  meter.  If  the  meter  tested  shall 
upon  test  thereof  by  the  City  Sealer  of  Weights  and 
Measures  be  found  to  measure  too  fast  or  too  slow  by  as 


City  of  Phoenix 


325 


much  as  three  (3%)  per  cent,  such  meter  shall  be  con- 
demned by  him,  and  the  owner  or  owners  of  the  same 
shall  be  notified  of  the  condemnation  at  the  time  when 
such  condemnation  is  made  by  the  City  Sealer  of  Weights 
and  Measures,  and  such  meter  shall  not  again  be  used, 
or  used  at  all,  until  corrected  and  made  to  measure  ac- 
curately. 

He  shall  promptly  collect  all  fees  which  he  now  is, 
or  hereafter  may  be,  authorized  to  charge  and  receive 
from  persons  owning  or  using  weights  or  measures,  and 
on  the  first  day  of  each  and  every  month,  shall  turn  over 
to  the  City  Treasurer  all  moneys  and  fees  collected  or 
received  by  him  during  the  preceding  month  and  take  the 
receipt  of  the  City  Treasurer  therefor.  He  shall  keep  a 
full  and  accurate  itemized  list,  record  and  account  of  all 
fees  collected  or  received  by  him,  and  at  least  once  every 
month,  and  oftener  if  so  required  by  the  Commission, 
shall  make  a written  report  thereof  to  the  Commission 
and  the  City  Manager. 

He  shall  keep  in  a book,  together  with  an  accurate 
card  index  system  to  be  furnished  to  him  by  the  Commis- 
sion, a complete  list  of  all  meters  inspected  and  tested 
by  him,  the  name  of  the  person,  firm  or  corporation  own- 
ing the  same,  the  name  of  the  furnisher  of  water,  gas  or 
electricity,  the  name  of  the  consumer  thereof,  and  the 
date  and  result  of  all  inspection,  and  shall  at  all  times 
keep  the  same  open  to  the  inspection  of  the  public. 

He  shall  have  such  further  powers,  and  do  and  per- 
form such  further  and  additional  duties,  as  may  be 
granted  to,  or  required  of,  him,  by  the  Constitution  of 
Arizona,  the  laws  of  Arizona,  the  City  Charter,  or  the 
Commission,  and  also  such  additional  duties  as  may  be 
from  time  to  time  required  of  him  by  the  City  Manager. 

(0)  The  City  Inspector  of  Buildings  shall  have 
supervision  and  control  of  the  erection,  construction, 
alteration,  repair,  removal  and  demolition  of  all  build- 
ings, structures  and  building  improvements  within  the 
city,  and  of  the  maintenance  and  use  of  any  and  all 
buildings,  structures  and  improvements  within  the  city  of 
a public  nature  or  character. 

He  shall  have  supervision  and  control  of  the  con- 
struction and  installation  of  plumbing  and  plumbing  fix- 
tures, appliances  and  devices;  gas  pipes,  gas  tanks,  ma- 
chinery, fixtures,  appliances  and  devices;  water  pipes,  ma- 
chinery, appliances  and  devices;  heating  plants,  pipes, 
boilers,  equipment,  machinery,  appliances  and  devices; 
refrigerating  plants,  pipes,  machinery,  appliances  and 
devices;  electrical  plants,  machinery,  transformers,  wiring, 
fixtures,  appliances  and  devices;  and  the  installation,  erec- 
tion and  construction  of  any  and  all  plants,  machinery, 
fixtures,  appliances  and  devices  for  manufacturing  power, 
heating,  lighting,  refrigerating  and  domestic  purposes. 

He  shall  require  all  such  work  to  be  done  and  per- 
formed in  such  a manner  as  best  to  serve  and  promote 
the  health,  safety  and  comfort  of  the  city  and  the  in- 
habitants thereof,  and  in  compliance  with  all  laws  of  the 
State  of  Arizona  and  all  Ordinances  of  the  city. 


326 


City  Ordinances 


He  shall  examine  all  plans  and  specifications  for  all 
proposed  construction,  alteration,  repair,  demolition,  re- 
moval or  installation  of  buildings,  structures  and  building 
improvements,  or  parts  thereof,  and  shall  issue  permit  or 
permits  therefor  when  and  only  when  the  plans  and 
specifications  for  such  proposed  construction,  alteration, 
demolition,  removal,  repair,  or  installation  conform  to 
and  comply  with  all  provisions  of  the  laws  of  the  State 
of  Arizona  and  Ordinances  of  the  city  relative  thereto, 
and  when  in  his  opinion  the  public  health,  safety  or 
welfare  will  not  be  endangered  thereby. 

He  shall  inspect  all  construction,  alteration,  repairs, 
demolition,  removal  or  installation  at  the  completion 
thereof,  and  as  often  during  the  progress  thereof  as  he 
may  deem  necessary,  and  also  whenever  directed  so  to  do 
by  the  City  Manager. 

He  shall  have  power  at  any  time  that  he  shall  de- 
termine that  said  work  is  not  done  or  being  done  in  com- 
pliance with  the  laws  of  Arizona  or  with  the  Ordinances 
of  the  city,  or  is  done  or  being  done  in  a manner  that  in 
his  opinion  endangers  or  is  detrimental  to  the  public 
health,  safety  and  welfare,  to  put  an  immediate  stop 
thereto,  and  may,  at  his  election  revoke  any  and  all 
permits  therefor  theretofore  granted,  unless  the  holder  of 
said  permit  or  permits  shall  forthwith  comply  with  each 
and  every  requirement  of  the  laws  of  Arizona,  the  Ordi- 
nances of  the  city  and  with  such  other  and  further  rea- 
sonable rules,  regulations  and  requirements  as  the  city 
Inspector  of  Buildings  shall  from  time  to  time  prescribe. 

He  shall  also  require  the  immediate  repair  or  re- 
moval, as  he  may  determine,  of  all  defective  or  unsaie 
construction,  alteration,  repairs,  demolition  or  installation 
at  the  owner’s  expense,  and  may  in  writing  prescribe  such 
other  and  further  requirements  as  he  may  determine  to 
be  necessary  or  proper  for  the  safeguarding  or  protection 
of  the  health,  safety  or  welfare  of  the  public,  and  shall 
enforce  compliance  with  all  such  requirements. 

Until  otherwise  provided  by  Ordinance,  he  may  regu- 
late the  construction  of  and  the  materials  used  in  all 
buildings,  chimneys,  stocks  and  other  structures,  and  the 
construction  and  use  of  party  walls,  and  prevent  the 
erection  or  maintenance  of  unsafe  or  insecure  buildings, 
walls,  chimneys,  stocks  or  other  structures,  and  provide 
for  their  summary  abatement  or  destruction,  and  may 
regulate  the  materials  used  in  and  the  method  of  con- 
struction and  location  of  drains  and  sewers,  the  materials 
used  in  wiring  buildings  or  other  structures  for  the  use  of 
electricity  for  lighting,  power,  heating  and  other  purposes, 
and  the  materials  used  in  piping  buildings  or  other  struc- 
tures for  the  purpose  of  supplying  the  same  with  water  or 
gas,  and  the  manner  of  so  doing.  He  may  require  the 
owners  and  lessees  of  buildings  or  other  structures  to 
place  upon  or  in  them  adequate  fire  escapes  and  ap- 
pliances for  the  protection  against  fire  and  the  extin- 
guishment of  fires.  He  may  prevent  the  construction  or 
cause  the  removal  of  dangerous  chimneys,  fireplaces, 
hearths,  stoves,  stovepipes,  ovens,  boilers,  apparatus  and 


City  of  Phoenix 


327 


machinery  used  in  any  building  in  the  city,  and  regulate 
the  carrying  on  of  manufactories  liable  to  cause  fire,  and 
may  prevent  the  depositing  of  ashes,  the  accumulation 
of  shavings,  rubbish  or  any  other  combustible  material 
in  unsafe  places,  and  make  all  other  necessary  provisions 
to  guard  against  fires.  He  may  regulate  the  size  and  con- 
struction of  the  entrances  to  and  exits  from  all  theatres, 
lecture  rooms,  halls,  schools,  churches,  hotels,  office  build- 
ings and  buildings  used  for  factory  purposes  and  other 
places  of  a public  gathering  of  every  kind,  and  may 
prevent  the  placing  of  seats,  chairs,  benches  or  other 
obstructions  in  the  hallways,  aisles  and  open  places 
therein. 

He  shall  promptly  collect  all  fees  and  charges  which 
now  or  hereafter  may  be  prescribed  or  fixed  by  the  laws 
of  Arizona,  or  the  Ordinances  of  the  city  to  be  paid  as, 
for  or  on  account  of  any  of  the  services  required  or  pro- 
vided by  law,  city  Ordinances,  or  herein  to  be  rendered, 
done  or  performed  by  him,  and  shall  keep  a full  and 
accurate  record  and  account  of  all  fees  and  other  moneys 
by  him  collected  or  received,  of  all  examinations  of  plans 
and  specifications  by  him  made,  or  all  permits  by  him 
issued,  and  of  all  inspections  made  by  him  or  under  his 
direction,  as  well  as  of  all  other  official  acts  done  or 
performed  by  him,  or  under  his  direction;  *«nd  he  shall  at 
least  once  in  each  month  and  oftener  if  so  required  by 
the  Commission  or  by  the  City  Manager  render  a full  and 
accurate  report  in  writing  to  the  Commission  and  to  the 
City  Manager  of  all  acts  done,  suffered  or  permitted  by 
him,  and  of  all  transactions  and  proceedings  had  or  done 
by  him  in  his  official  capacity;  and  he  shall  also  make 
full  and  accurate  reports  to  the  City  Manager  whenever 
so  required  to  do  by  the  City  Manager.  He  shall  pay 
over  to  the  City  Treasurer  on  the  first  day  of  each  month 
all  moneys  collected  or  received  by  him  or  under  his 
direction  during  the  preceding  month  and  take  receipt 
therefor. 

He  shall  be  at  all  times  under  the  supervision  and 
subject  to  the  direction  and  control  of  the  City  Manager. 
He  shall  have  such  further  powers  and  do  and  perform 
such  further  and  additional  duties  as  may  be  granted  to 
or  required  of  him  by  the  Constitution  of  Arizona,  the 
laws  of  Arizona,  or  by  the  Commission,  and  he  shall  also 
do  and  perform  such  further  and  additional  duties  as  may 
be  from  time  to  time  required  of  him  by  the  City 
Manager. 

(P)  The  Superintendent  of  Waterworks  shall  have 
supervision  and  control  over  all  water  works,  standpipes, 
pumping  plants,  property,  machinery,  tools,  appliances 
and  devices  of  every  description,  used  for,  or  in  connec- 
tion with,  the  operation,  maintenance,  repair  and  exten- 
sion of  the  city  water  works.  He  shall  supervise  and 
direct  the  laying  of  water  mains,  the  installation  of  fire 
hydrants,  water  connections,  extensions,  machinery, 
pumps,  plugs,  taps,  meters  and  other  devices  and  ap- 
pliances necessary  and  incident  to  the  proper  mainte- 
nance, operation  and  extension  of  the  city  water  works 


328 


City  Ordinances 


and  water  system,  and  the  regulation  of  the  flow,  delivery 
and  usage  of  water  by  and  through  the  city  water  works 
and  system  and  every  part  thereof. 

Under  the  direction  of  the  City  Manager,  he  shall 
maintain,  preserve  and  improve,  use  or  expend,  all  prop- 
erty now  or  hereafter  intrusted  to  him  or  unde"  his 
control  or  direction,  and  shall  at  all  times  keep  a full  and 
complete  inventory  of  all  property  which  now  is,  or  may 
hereafter  come,  under  his  control  or  into  his  possession 
as  such  officer,  and  shall  keep  a full  and  accurate  record 
and  account  of  all  mains  and  pipes,  hydrants,  pumps, 
standpipes,  meters,  connections,  plugs,  taps,  appliances 
and  devices  installed  by  him  or  under  his  direction,  and  a 
description  of  the  location,  depth  and  cost  thereof,  to- 
gether with  a full  and  accurate  account  of  all  repairs 
done  or  performed  by  him  or  under  his  direction,  and  of 
all  labor  and  material  used  or  employed  by  him  or  under 
his  direction. 

At  least  once  a month,  and  oftener  whenever  re- 
quired so  to  do  by  the  Commission  or  the  City  Manager, 
he  shall  make  full  and  accurate  reports  thereof  to  the 
Commission  and  to  the  City  Manager;  and  shall,  on  the 
first  day  of  each  month,  pay  and  turn  over  to  the  City 
Treasurer  any  and  all  moneys  collected  or  received  by 
him  for  the  preceding  month  and  take  his  receipt  therefor. 

He  shall  at  all  times  be  under  the  supervision  and 
direction  of  the  City  Manager.  He  shall  have  such  other 
and  further  powers,  and  do  and  perform  such  other  and 
further  duties  as  may  be  granted  to  or  required  of  him 
by  the  Constitution  of  Arizona,  the  laws  of  Arizona,  the 
City  Charter,  or  the  Commission,  and  shall  also  do  and 
perform  such  additional  duties  as  may  be  from  time  to 
time  required  of  him  by  the  City  Manager. 

Sec.  3.  Until  otherwise  prescribed  by  Ordinance,  the 
offices  of  City  Assessor  and  of  City  Collector  shall  be 
filled  and  the  duties  thereof  performed  and  the  rights 
thereof  exercised  by  one  and  the  same  person,  who  shall 
be  named,  designated  and  known  as  the  “City  Assessor 
and  ex-officio  City  Collector.” 

Sec.  4.  Before  entering  upon  the  performance  of 
the  duties  of  his  office,  each  of  the  following  officers, 
to-wit:  the  City  Manager,  the  City  Aaciicor,  the  City 
Clerk,  the  City  Assessor  and  ex-officio  City  Collector, 
the  City  Treasurer,  the  City  Engineer,  the  Chief  of 
Police,  the  Fire  Chief,  the  Superintendent  of  Streets,  the 
City  Magistrate,  the  City  Health  Officer,  the  City  Sealer 
of  Weights  and  Measures,  the  City  Inspector  of  Build- 
ings, and  the  Superintendent  of  Waterworks,  shall,  re- 
spectively, make  and  file  his  official  bond,  conditioned  as 
required  by  law,  and  in  amounts  as  follows,  respectively: 


The  City  Manager  $20,000 

The  City  Auditor  - 5,000 

The  City  Clerk  5,000 

The  City  Assessor  and 

ex-officio  City  Collector  15,000 

The  City  Treasurer  50,000 

The  City  Engineer  5,000 


City  of  Phoenix 


329 


The  Chief  of  Police  5,000 

The  Fire  Chief  5,000 

The  Superintendents  of  Streets  10,000 

The  City  Magistrate  3,000 

The  City  Health  Officer  2,000 

The  City  Sealer  of  Weights  and  Measures  1,000 

The  City  Inspector  of  Buildings  . 10,000 

The  Superintendent  of  Water  Works 15,000 


Sec.  5.  The  officers  of  the  city  in  Charter  or  herein 
provided  for  shall  receive,  respectively,  salaries  as  fol- 
lows: 


2,400  per  annum 
1,800  per  annum 


The  City  Manager  $ 7,500  per  annum 

The  City  Auditor  1,800  per  annum 

The  City  Clerk  1,800  per  annum 

Deputy  City  Clerk  1,200  per  annum 

The  City  Assessor  and  ex-officio  City 

Collector  3,000  per  annum 

The  City  Treasurer  2,700  per  annum 

The  City  Attorney  2,400  per  annum 

Assistant  City  Attorney  1,800  per  annum 

The  City  Engineer  1,300  per  annum 

The  Chief  of  Police  3,000  per  annum 

The  Fire  Chief  3,000  per  annum 

The  Superintendent  of  Streets 2,400  per  annum 

The  City  Magistrate  1,500  per  annum 

The  City  Health  Officer  

The  City  Sealer  of  Weights  and 

Measures  

The  City  Inspector  of  Buildings  3,000  per  annum 

The  Superintendent  of  Waterworks 3,000  per  annum 

The  salaries  herein  fixed  for  the  said  respective  offi- 
cers shall  be  payable  in  equal  monthly  installments,  and 
shall  be  in  full  compensation  of  and  for  any  and  all 
duties  and  services  pertaining  to  or  to  pertain  to  their 
said  respective  offices,  as  well  as  of  and  for  all  duties 
and  services  which  are  or  shall  be  required  of  them, 
respectively,  by  or  under  lawful  authority.  No  officer 
shall  be  allowed  any  fees,  perquisites,  emoluments,  re- 
wards or  compensation  aside  from  the  salary  fixed  by 
the  Charter  or  by  Ordinance;  but  all  fees  and  moneys  re- 
ceived by  him,  by,  through,  under  or  in  connection  with 
his  official  duties  shall  be  paid  by  him  into  the  City 
Treasury. 

Sec.  6.  For  any  and  all  misconduct,  mistake  or 
neglect  done,  made,  suffered  or  permitted  by  any  officer 
or  employe  of  the  city  whereby  the  city  shall  suffer  or 
incur  any  loss  or  damage,  the  officer  or  employe  occasion- 
ing such  loss  or  damage  or  to  whom  such  loss  or  damage 
is  attributal  shall  be  personally  responsible,  and  the 
amount  of  such  loss  or  damage  shall  be  charged  against 
him  and  shall  be  repaid  to  the  city  by  him  and  the  amount 
of  such  loss  or  damage  may  be  deducted  from  any 
moneys  due  or  to  become  due  to  such  officer  or  employe 
from  the  citv,  and  the  Commission  may  also  cause  to  be 
instituted  suit  against  such  officer  or  employe,  and  his 
bondsmen,  if  any  bond  be  given,  to  recover  such  loss  or 
damage. 


As  amended 


330 


City  Ordinances 


Sec.  7.  The  words  “his”  and  “him”  as  herein  used 
shall  include  and  cover  the  word  “her”;  and  where  the 
singular  is  used  herein  it  shall  be  taken  and  construed  to 
include  the  plural;  and  the  word  “person”  as  herein  used 
shall  be  deemed  and  construed  to  include  all  corporations, 
partnerships  and  associations,  as  well  as  natural  persons. 

Sec.  8.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  this  Ordinance  are  hereby  repealed. 

Sec.  9.  WHEREAS,  an  urgent  necessity  exists  for 
the  immediate  creation  of  the  offices  herein  created,  for 
the  proper  carrying  on  of  the  business  and  the  conduct 
of  the  affairs  of  the  city,  and  for  the  prescribing  of  the 
duties  of  all  the  officers  of  the  city  under  the  City  Char- 
ter adopted  on  the  eleventh  day  of  October,  1913,  and 
requiring  bonds  from  all  of  said  city  officers  charged  with 
the  custody  or  care  of  city  property  or  with  the  receipt 
and  disbursement  of  city  moneys,  and  the  provisions 
of  this  Ordinance  are  necessary  for  the  immediate  preser- 
vation of  the  peace,  health  and  safety  of  the  city,  and  for 
the  carrying  on  of  the  government,  and  the  support  and 
maintenance  of  the  departments  thereof,  of  the  city,  an 
emergency  is  hereby  declared  to  exist,  and  this  Ordinance 
shall  be  in  full  force  and  effect  from  and  after  its 
passage  by  the  Commission  and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
16th  day  of  April,  1914. 

Approved  this  16th  day  of  April,  19*4. 

GEO.  U.  YOUNG, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  8. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  In  addition  to  the  duties  now  imposed  on 
or  required  of  the  City  Magistrate,  the  City  Magistrate 
shall  keep  his  office  and  courtroom  open  for  the  transac- 
tion of  business  between  the  hours  of  9 a.  m.  and  12  m., 
1 p.  m.  and  5 p.  m.  on  each  and  every  judicial  day,  and 
he  shall  observe  and  be  constantly  present  and  in  attend- 
ance upon  said  court  during  the  said  hours  of  each  juridi- 
cal day;  and  in  addition  to  the  said  hours,  he  shall  keep 
his  court  open  and  observe  and  be  in  attendance  at  said 
court  during  such  additional  hours  of  each  and  every 
juridical  day  as  may  be  necessary  for  the  discharge  of  the 
business  properly  coming  before  said  court. 

Sec.  2.  The  City  Magistrate  shall  personally  fix  and 
receive  all  bonds  and  bails,  and  shall  personally  collect 
and  receive  all  fines,  penalties,  fees  and  other  moneys, 


City  of  Phoenix 


331 


which  are  now,  or  hereafter  may  be  provided  by  law  to 
be  collected  or  received  by  him. 

Sec.  3.  The  City  Magistrate  shall  on  the  last  of  each 
and  every  calendar  week,  and  as  much  oftener  as  he  may 
be  required  by  the  City  Manager,  or  the  City  Com- 
mission, pay  over  to  the  City  Treasurer  all  fees,  fines, 
penalties  and  other  moneys  theretofore  collected  by  him 
since  his  last  prior  settlement  with  the  City  Treasurer 
and  take  the  Treasurer’s  receipt  therefor. 

Sec.  4.  WHEREAS,  an  urgent  necessity  exists  for 
the  prescribing  of  additional  duties  of  the  City  Magistrate 
to  the  end  that  the  same  may  be  more  accurately  defined 
and  the  moneys  coming  into  the  hands  of  the  City  Magis- 
trate for  fees,  fines  and  penalties  may  be  more  promptly 
turned  over  to  the  City  Treasurer;  and, 

WHEREAS,  the  provisions  of  this  Ordinance  are  nec- 
essary for  the  immediate  preservation  of  the  peace,  health 
and  safety  of  the  city  and  for  the  carrying  on  of  the 
government  of  the  city  and  the  support  and  maintenance 
of  the  departments  thereof  and  the  regulation  of  the  of- 
fice of  the  City  Magistrate  and  of  the  City  Chief  of 
Police,  an  emergency  is  hereby  declared  to  exist,  and  this 
Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage,  and  its  approval  by  the  Mayor,  and  shall 
be  published  as  required  by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  26th  day  of  May,  1914. 

Approved  this  26th  day  of  May,  1914. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  10. 

An  Ordinance  providing  that  police  officers  shall  see  that 
proper  licenses  are  procured  and  shall  make  report 
of  those  who  have  not  procured  necessary  licenses. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  All  police  officers,  in  addition  to  their 
several  duties  as  police  officers,  are  hereby  required  to 
examine  all  places  of  business  and  all  persons  in  their 


332 


City  Ordinances 


respective  beats  liable  to  pay  a license  tax  under  the  pro- 
visions of  any  Ordinance  or  Ordinances  of  the  City  of 
Phoenix,  and  to  see  that  such  licenses  are  procured;  and 
shall  make  out  once  a month  a list  of  persons,  firms,  as- 
sociations and  corporations  having  no  licenses,  with  their 
places  of  business,  and  shall  deliver  such  list,  carefully 
and  legibly  written,  to  the  City  Collector,  and  shall  also 
deliver  a copy  of  such  list  to  the  City  Auditor.  Such  police 
officers  shall  also  report  to  the  City  Collector  immediately 
upon  the  fact  coming  to  their  knowledge,  the  names  of 
all  persons,  firms,  associations  or  corporations  doing  busi- 
ness without  a license. 

Sec.  2.  Any  police  officer  failing  to  strictly  observe 
and  carry  out  the  provisions  of  this  Ordinance  shall  be 
guilty  of  neglect  of  duty  and  subject  to  summary  re- 
moval from  office. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  thirty  days  from  and  after  its 
passage  by  the  Commission  and  approval  by  the  Mayor, 
and  shall  be  published  as  required  by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  23rd  day  of  June,  1914. 

Approved  this  23rd  day  of  June,  1914. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  31. 

An  Ordinance  to  promote  economy  in  the  administration 
of  the  City  Government. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  the  City  Manager  is  authorized  and 
empowered  whenever  and  so  long  as  in  his  judgment  the 
best  interests  of  the  city  and  of  the  citizens  thereof  will 
be  subserved  or  promoted  thereby,  to  consolidate  any  of 
the  offices,  assistantships  and  employments  created  and 
provided  for,  or  which  may  be  hereafter  created  and  pro- 
vided for,  by  any  Ordinance  of  the  City  of  Phoenix,  with 
any  other  office,  assistantship  or  employment  which  is  or 
may  be  created  and  provided  for  by  city  Ordinance,  which 
is  created  and  provided  for  by  the  terms  of  the  City 


City  of  Phoenix 


333 


Charter  of  the  City  of  Phoenix;  and  he  is  hereby  author- 
ized and  empowered  to  direct  and  require  that  such  of- 
fices, assistantships  or  employments  so  consolidated  shall 
be  filled  by  one  and  the  same  person,  and  that  the  duties 
and  services  pertaining  or  to  pertain  to  such  offices,  as- 
sistantships or  employments  shall  be  performed  and  ren- 
dered by  one  and  the  same  person. 

Sec.  2.  Whenever  any  offices,  assistantships  or  em- 
ployments are  or  may  be  consolidated  with  any  other 
office,  assistantship  or  employment  hereunder,  the  person 
appointed  to  fill  the  said  consolidated  offices,  assistant- 
ships  or  employments,  before  entering  upon  the  perform- 
ance of  the  duties  thereof,  shall  make  and  file  his  official 
bond,  conditioned  as  required  by  law,  in  an  amount  to  be 
fixed  by  the  City  Manager  and  at  least  equal  to  the 
largest  bond  required  by  law  for  either  one  of  said 
offices,  assistantships  or  employments  so  consolidated;  and 
the  compensation  to  be  paid  to  the  incumbent  thereof 
shall  be  the  salary  or  compensation  provided  by  law  for 
the  highest  salaried  of  the  offices,  assistantships  or  em- 
ployments so  consolidated,  until  the  Commission  of  the 
City  of  Phoenix  shall  by  Ordinance  or  resolution  otherwise 
provide. 

Sec.  3.  WHEREAS,  this  Ordinance  requires  early 
operation  in  order  to  preserve  the  public  peace,  health 
and  safety,  and  in  order  to  more  economically  and  effi- 
ciently conduct  and  administer  the  government  and  af- 
fairs of  the  City  of  Phoenix,  an  emergency  is  hereby  de- 
clared to  exist,  and  this  Ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  by  the  Commission 
of  the  City  of  Phoenix  and  approval  by  the  Mayor,  and  is 
hereby  exempted  from  the  operation  of  the  referendum 
provisions  of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
22nd  day  of  December,  1914. 

Approved  this  22nd  day  of  December,  1914. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


334 


City  Ordinances 


ORDINANCE  NO.  52. 

An  Ordinance  creating  the  office  of  Deputy  City  Clerk, 

and  prescribing  the  powers  and  duties  of  such  office. 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  The  office  of  Deputy  City  Clerk  is  here- 
by created,  and  one  or  more  persons  may  be  appointed 
thereto. 

Sec.  2.  Deputy  City  Clerks  shall  be  appointed  by 
the  City  Manager,  by  and  with  the  consent  and  approval 
of  the  City  Commission,  and  shall  hold  office  until  re- 
moved by  the  City  Manager,  by  and  with  the  consent  of 
the  City  Commission.  He  shall  have  and  exercise  all  the 
powers,  and  may  perform  and  discharge  all  the  duties 
which  now  are  or  hereafter  may  be  conferred  or  imposed 
upon  the  City  Clerk  by  any  law  of  the  State  of  Arizona, 
by  the  City  Charter  of  the  City  of  Phoenix,  or  by  any 
Ordinance  or  resolution  of  the  city;  and  in  addition  to 
the  aforesaid  powers  and  duties,  the  Deputy  City  Clerk 
shall  have  and  exercise  and  perform  such  other  and  fur- 
ther powers  and  duties  as  the  Commission  may  prescribe 
from  time  to  time,  by  Ordinance  or  resolution. 

Sec.  3.  Before  entering  upon  the  performance  of 
the  duties  of  such  office,  each  Deputy  City  Clerk  shall 
make  and  file  his  official  bond,  conditioned  as  required 
by  law,  in  the  sum  of  five  thousand  dollars  ($5000.00). 

Sec.  4.  Each  Deputy  City  Clerk  shall  receive  a 
salary  at  the  rate  of  $1200.00  per  annum,  payable,  during 
his  performance  of  the  duties  of  such  Deputy,  in  semi- 
monthly installments,  which  said  salary  shall  be  full  com- 
pensation of  and  for  any  and  all  duties  and  services  per- 
taining or  to  pertain  to  said  office,  as  well  as  of  and  for 
all  duties  and  services  which  are  or  may  be  required  of 
them  by  and  under  lawful  authority. 

Sec.  5.  WHEREAS,  an  urgent  necessity  exists  for 
the  immediate  creating  of  the  office  of  Deputy  City  Clerk, 
for  the  proper  carrying  on  of  the  business  and  conduct 
of  the  affairs  of  the  city;  and, 

WHEREAS,  the  provisions  of  this  Ordinance  are 
necessary  for  the  immediate  preservation  of  the  peace, 
health  and  safety  of  the  city,  an  emergency  is  hereby 
declared  to  exist,  and  this  Ordinance  shall  be  in  full  force 
and  effect  from  and  after  its  passage  by  the  Commission, 
and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  15th  day  of  June,  1915. 

Approved  this  15th  day  of  June,  1915. 

GEO.  U.  YOUNG, 

Attest:  ' Mayor. 

T.  TREVILLIAN,  Deputy  City  Clerk. 


ORDINANCE  NO.  57. 

An  Ordinance  providing  for  the  retirement  upon  not  ex- 
ceeding half  pay  of  city  employees  who  have  ren- 
dered faithful  and  efficient  service  to  the  city  for 
more  than  ten  years,  or  who,  while  in  the  discharge 


City  of  Phoenix 


335 


of  the  duties  of  their  employment,  are  permanently 

injured  and  incapacitated  for  future  labor,  through 

no  fault  or  neglect  of  their  own. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  All  employees  of  the  city  who  have  con- 
tinuously served  the  city  for  ten  years  or  more,  and  who 
have  at  all  times  during  said  employment  rendered  faith- 
ful and  efficient  services  to  the  city,  and  who  through 
sickness  or  age  are  no  longer  able  to  follow  said  employ- 
ment or  to  obtain  or  secure  remunerative  employment 
elsewhere,  for  good  cause  shown,  be  retired  at  one-half 
pay,  either  for  a fixed  term  or  for  life,  in  the  discretion 
of  the  City  Commission,  whenever  the  City  Commission 
shall  so  determine  and  direct,  by  a resolution  duly  passed, 
approved  and  recorded. 

Sec.  2.  All  employees  of  the  city  who  may  or  shall 
be  injured  hereafter,  while  in  the  regular  course  of  their 
employment,  and  in  the  discharge  of  the  duties  thereof, 
and  without  any  fault  or  neglect  upon  their  part,  directly 
or  indirectly,  and  who  are  or  shall  be  partially  or  wholly 
incapacitated  and  unable  to  follow  any  other  employment 
or  earn  a livelihood,  may  be  retired  for  a given  term  or 
for  life,  upon  such  pay,  however,  not  exceeding  one-half 
of  the  wages  received  by  them  at  the  time  of  such  injury, 
as  the  City  Commission  shall  from  time  to  time  determine 
and  direct,  and  by  resolution  duly  passed,  approved  and 
recorded,  provide. 

Sec.  3.  Ihis  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  thirty  days  after  its  passage  by  the 
Commission  of  the  City  of  Phoenix,  and  its  approval  by 
the  Mayor,  and  shall  be  published  and  posted  as  required 
by  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  13th  day  of  July,  1915. 

Approved  this  13th  day  of  July,  1915. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  109. 

An  Ordinance  fixing  the  salary  of  Superintendent  of 
Streets  and  Superintendent  of  Waterworks  when  both 
of  such  offices  shall  be  filled  by  one  and  the  same 
person. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  Whenever  the  offices  of  Superintendent 
of  Streets  and  Superintendent  of  Waterworks  shall  be 
filled  by  one  and  the  same  person,  such  person  shall  re- 
ceive a salary  of  three  thousand  dollars  ($3,000.00)  per 
annum.  Salary  herein  fixed  shall  be  payable  in  equal 
semi-monthly  installments  and  shall  be  in  full  compensa- 
tion of,  and  for  any  and  all  duties  and  services  pertaining 


336 


City  Ordinances 


to,  or  to  pertain  to  the  said  offices  of  Superintendent  of 
Streets  and  Superintendent  of  Waterworks. 

Sec.  2.  Salary  herein  fixed  shall  date  from  the  first 
day  of  December,  1915. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
25th  day  of  January,  1916. 


Approved  this  25th  day  of  January,  1916. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  140. 

An  Ordinance  authorizing  the  City  Clerk  to  administer 
oaths  in  all  matters  appertaining  to  the  affairs  of 
the  City. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  in  all  matters  appertaining  to  the  affairs  of  the 
city  wherein  oaths  are  required  or  permitted  to  be  given, 
such  oaths,  unless  otherwise  provided  by  the  Charter  or 
Ordinance  of  the  city,  may  be  administered  by  the  City 
Clerk. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  21st  day  of  June,  1916. 

Approved  this  21st  day  of  June,  1916. 

PETER  CORPSTEIN, 

A ffpcf ' Mavat 

T.  TREVILLIAN,  Deputy  City  Clerk. 


ORDINANCE  NO.  183. 

An  Ordinance  creating  the  office  of  Acting  City  Magis- 
trate and  appointing  T.  Trevillian  Acting  City  Magis- 
trate of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  the  office  of  Acting  City  Magistrate 
of  the  City  of  Phoenix  be,  and  the  same  is  hereby  created. 

Sec.  2.  That  in  the  event  of  the  absence,  sickness 
or  other  disability  to  act  of  the  City  Magistrate  of  the 
City  of  Phoenix,  the  duties  of  the  office  of  City  Magis- 
trate shall  be  discharged  by  the  Acting  City  Magistrate; 
such  Acting  City  Magistrate  shall  be  appointed  from 
among  the  officers  and  servants  of  the  City  of  Phoenix,  and 
shall  discharge  the  duties  of  such  office,  in  addition  to 
his  other  duties,  without  compensation. 

Sec.  3.  Amended  by  Ordinance  387. 

Sec.  4.  WHEREAS,  there  is  no  adequate  provision 
for  the  holding  of  the  City  Court  of  the  City  of  Phoenix 
during  the  absence,  sickness  or  other  disability  to  act  of 
the  City  Magistrate;  and, 

WHEREAS,  it  is  necessary  to  the  preservation  of  the 


City  of  Phoenix 


137 


peace,  health  and  safety  of  the  City  of  Phoenix  that  this 
Ordinance  shall  become  immediately  effective,  now,  there- 
fore, 

An  emergency  is  hereby  declared  to  exist,  and  this 
Ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  by  the  Commission  of  the  City  of  Phoenix, 
approval  by  the  Mayor  and  publication  and  posting  as 
required  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  10th  day  of  April,  1917. 

Approved  this  10th  day  of  April,  1917. 

PETER  CORPSTEIN, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  222. 

An  Ordinance  creating  a Police  Reserve  of  the  City  of 
Phoenix,  prescribing  its  duties  and  defining  its  or- 
ganization. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  there  is  hereby  created  a Police 
Reserve  of  the  City  of  Phoenix,  which,  until  otherwise  or- 
dered by  the  Commission,  shall  consist  of  not  more  than 

four  hundred  men. 

Sec.  2.  No  person  shall  be  eligible  to  membership 
in  the  Police  Reserve  unless  he  be  a citizen  of  the  United 
States,  of  the  age  of  eighteen  years  or  over,  and  of  good 
moral  character.  Before  becoming  a member  of  the 
Police  Reserve  each  applicant  shall  subscribe  to  the  fol- 
lowing oath,  which  shall  be  filed  with  the  City  Clerk: 

“I do  solemnly  swear  that 

I will  support  the  Constitution  of  the  United  States,  the 
Constitution  and  Laws  of  the  State  of  Arizona  and  of  the 
City  of  Phoenix,  true  allegiance  bear  and  defend  the 
same  against  all  enemies  whatsoever;  that  I will  observe 
and  obey  all  the  lawful  orders  of  all  officers  appointed 
or  set  over  me;  and  that  I will  truly  and  faithfully  dis- 
charge the  duties  of  Police  Reserve  of  the  City  of  Phoe- 
nix; so  help  me,  God. 

Witness  my  hand  this day  of , 

19 


Subscribed  and  sworn  to  before  me  this day 

of , 19 


City  Magistrate/’ 

Enlistment  in  the  Police  Reserve  shall  be  for  a period 
of  one  year,  but  such  enlistment  may  be  terminated  at 
any  time  by  discharge  by  competent  authority. 

Sec.  3.  The  duties  of  the  Police  Reserve  shall  be 
such  as  are  imposed  by  law  upon  police  officers  of  the 
City  of  Phoenix.  They  shall  make  arrests  and  serve  war- 
rants and  other  processes,  and  perform  such  other  like 


338 


City  Ordinances 


duties  and  functions  as  may  be  assigned  to  it  or  any  num- 
ber thereof  by  proper  authority. 

Sec.  4.  The  Police  Reserve  shall  be  organized  as 
follows: 

The  Mayor  shall  adopt  and  put  into  force  by  execu- 
tive order  such  regulations  for  the  government  of  the 
Police  Reserve  as  he  may  deem  necessary  or  proper.  He 
shall  in  such  order  direct  the  City  Manager  to  organize 
the  Reserve  upon  a regimental  basis,  divided  into  such 
number  of  companies  as  he  may  deem  expedient.  Pro- 
vision shall  be  made  in  such  order  for  the  appointment  of 
such  general  officers  of  the  Reserve  and  also  for  such 
company  officers  as  are  usual  in  like  organizations.  The 
Mayor  shall  commission  all  officers  of  the  Reserve  so 
provided  for  upon  the  appointment  of  the  City  Manager, 
except  officers  inferior  in  rank  to  that  of  Second  Lieutenant, 
who  shall  be  appointed  and  removed  from  office  as  such 
rules  and  regulations  may  provide.  The  Mayor  in  such  order 
shall  also  prescribe  the  discipline  to  be  enforced,  and  any 
member  of  the  Police  Reserve  who  shall  wilfully  disobey 
any  order  of  his  superior  officer,  or  any  rule  or  regula- 
tion prescribed  by  the  Mayor  for  the  government  of  the 
Reserve,  may  be  dishonorably  discharged  from  the  mem- 
bership of  the  Police  Reserve  by  order  of  the  City  Man- 
ager upon  the  recommendation  of  its  Commanding  Officer. 

Sec.  5.  Such  uniforms,  arms  and  equipment  as  the 
Commission  may  deem  suitable  and  proper  shall  be  sup- 
plied by  the  city  for  the  use  of  such  Police  Reserve. 

Sec.  6.  WHEREAS,  public  necessity  requires  a 
proper  organization  of  a Police  Reserve  of  the  City  of 
Phoenix  for  the  purpose  of  enforcing  peace  in  time  of 
danger; 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  Commission  posting  and 
publication,  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  17th  day  of  May,  1918. 

Approved. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  225. 

An  Ordinance  directing  that  the  office  of  City  Engineer 
and  Superintendent  of  Streets  be  Filled  by  one  and 
the  same  person. 

Be  it  ordained  by  the  City  Commission  of  the  City 
of  Phoenix,  as  follows: 

Section  1.  It  is  hereby  ordered  and  directed  that 
hereafter  the  office  of  City  Engineer  and  the  office  of 
Superintendent  of  Streets  may  be  filled  and  the  duties 
thereof  performed  and  the  rights  thereof  exercised  by 
one  and  the  same  person. 


City  of  Phoenix 


339 


Sec.  2.  WHEREAS,  it  is,  in  the  judgment  of  the 
Commission,  necessary  for  the  immediate  preservation  of 
the  best  health  and  safety  of  the  city  that  this  Ordinance 
take  effect  immediately,  an  emergency  is  hereby  declared 
to  exist,  and  this  Ordinance  shall  take  effect  from  and 
after  its  passage  and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
5th  day  of  June,  1918. 

Approved. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  387. 

An  Ordinance  amending  Section  3 of  Ordinance  183  (New 

Series),  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  Section  3 of  Ordinance  183  (New 
Series),  of  the  City  of  Phoenix,  be  and  the  same  is  hereby 
amended  to  read  as  follows: 

Sec.  3.  Until  otherwise  provided,  George  Kirkland 
is  hereby  appointed  Acting  City  Magistrate  of  the  City 
of  Phoenix. 

WHEREAS,  it  is  necessary  to  the  public  peace,  health 
and  safety  that  an  Acting  City  Magistrate  be  appointed 
to  take  the  place  of  T.  Trevillian,  present  Acting  City 
Magistrate ; 

Now,  therefore,  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage  by  the  Commission  and  posting 
and  publication  as  provided  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  2nd  day  of  June,  1920. 

Approved  this  2nd  day  of  June,  1920. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  402. 

An  Ordinance  authorizing  the  City  Auditor  to  employ  an 
assistant,  fixing  the  salary  of  such  an  assistant  and 
defining  his  duties. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  the  City  Auditor  be  and  he  is  hereby 
authorized  to  employ  an  assistant,  who  shall  receive  a 
salary  of  one  hundred  seventy-five  dollars  ($175)  per 
month  during  the  term  of  his  employment  as  herein  pro- 
vided. 

Sec.  2.  Said  Assistant  Auditor  shall  serve  during  the 
period  of  construction  of  the  Verde  River  Pipe  Line,  and 


340 


City  Ordinances 


his  duties  shall  be  confined  to  such  matters  and  things 
only  as  are  connected  with  the  construction  of  said  Verde 
River  Pipe  Line. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
28th  day  of  July,  1920. 

Approved  this  28th  dav  of  July,  192*. 

‘ WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

HELEN  C.  FAHEY,  Deputy  City  Clerk. 


ORDINANCE  NO.  458. 

An  Ordinance  providing  for  the  appointment  of  a City 

Planning  Commission  and  fixing  its  powers  and  duties. 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  There  is  hereby  created  a City  Planning 
Commission  to  consist  of  one  hundred  representative  citi- 
zens of  the  City  of  Phoenix  to  be  appointed  by  the  City 
Commission  as  soon  as  practicable  after  the  passage  of 
this  Ordinance.  The  City  Manager,  the  City  Attorney  and 
the  City  Engineer  shall  be  members  of  the  Commission 
by  virtue  of  their  offices.  The  appointed  members  of 
the  Commission  shall  serve  for  one  year  and  until  their 
successors  are  duly  appointed.  The  members  of  the  Com- 
mission shall  serve  without  compensation. 

Section  2.  It  shall  be  the  general  duty  of  the  City 
Planning  Commission  to  assist  the  City  Commission  in  the 
adoption  and  the  putting  into  effective  operation  a com- 
prehensive plan  of  city  building  and  improvement  by 
reporting  upon  the  work  of  the  City  Planner  and  by 
making  recommendations  with  respect  thereto  whenever 
the  same  shall  be  referred  to  it  by  the  City  Commission, 
and  by  recommending  to  the  City  Commission  from  time 
to  time  amendments  to  the  City  Charter,  Ordinances 
creating  districts  or  zones,  classifying,  regulating  and  re- 
stricting the  location  of  trades,  industries  or  businesses  or 
the  location  of  buildings  designed  for  specific  uses,  to 
such  districts  or  zones,  Ordinances  providing  for  the  pur- 
chase of  sites  for  city  buildings,  parks  and  other  city  im- 
provements, Ordinances  providing  for  the  vacation,  open- 
ing, widening  or  other  changes  in  streets  and  other  public 
ways,  and  the  ornamentation  of  such  sites,  streets, 
grounds  and  public  places,  and  also  by  recommending  such 
other  Ordinances  as  it  may  deem  necessary  and  proper 
in  the  premises  and  that  may  tend,  through  such  com- 
prehensive plan,  to  promote  the  public  health,  comfort, 
safety,  convenience,  utility  or  welfare. 

Sec.  3.  The  City  Planning  Commission  may  select 
its  own  Chairman  and  Secretary  and  appoint  such  com- 
mittees as  it  may  deem  desirable.  It  shall  make  its  own 
rules  and  regulations.  Its  reports  or  recommendations  to 
the  City  Commission  shall  be  signed  by  its  Secretary,  who 
shall,  when  desired,  furnish  the  Commission  with  the 
facts  as  to  the  adoption  of  any  such  report  or  recom- 
mendation, and  particularly  with  reference  to  the  number 


City  of  Phoenix 


341 


of  the  members  of  the  Commission  who  participated  at 
the  meeting  at  which  any  such  report  or  recommendation 
was  authorized,  and  such  other  information  as  to  the  work 
of  the  City  Planning  Commission  as  the  City  Commission 
may  request. 

Passed  by  the  City  Commission  of  the  City  of  Phoenix 
this  16th  day  of  March,  1921. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  479. 

An  Ordinance  creating  the  office  of  City  Fire  Inspector, 

defining  his  powers  and  duties  and  providing  penal- 
ties, with  an  emergency  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  there  is  hereby  created  the  office 
of  City  Fire  Inspector.  The  City  Fire  Inspector  shall  be  a 
member  of  the  Phoenix  Fire  Department,  and  shall  be 
appointed  by  the  Chief  of  the  Fire  Department,  by  and 
with  the  advice  and  consent  of  the  City  Manager.  He 
may  have  such  deputies  as  may,  from  time  to  time,  be 
deemed  necessary  by  the  City  Manager,  and  such  deputies 
shall  be  appointed  from  among  the  members  of  the  Fire 
Department  by  the  Chief  of  the  Fire  Department.  The 
City  Fire  Inspector  shall  be  at  all  times  answerable  to 
the  Chief  of  the  Fire  Department,  and  shall  follow  and 
obey  his  instructions. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Fire  In- 

spector to  enforce  all  laws  and  Ordinances  of  the  City  of 
Phoenix,  covering  the  following: 

1.  The  prevention  of  fires; 

2.  The  storage  and  use  of  explosives  and  inflam- 

mables ; 

3.  The  installation  and  maintenance  of  automatic 

and  other  fire  alarm  systems,  and  fire  extinguish- 
ing equipment; 

4.  The  maintenance  and  regulation  of  fire  escapes; 

5.  The  means  and  adequacy  of  exit  in  case  of  fire, 

from  factories,  schools,  hotels,  lodging  houses, 
asylums,  hospitals,  churches,  halls,  theaters,  . am- 
phitheatres, and  all  other  places  in  which  num- 
bers of  persons  work,  live  or  congregate,  from 
time  to  time,  for  any  purpose; 

6.  The  investigation  of  the  cause,  origin,  and  cir- 
cumstance of  fires. 

He  shall  have  such  other  powers  and  perform  such 
other  duties  as  may  be  set  forth  in  other  sections  of  this 
Ordinance,  and  as  may  be  conferred  and  imposed  from 
time  to  time  by  law.  The  Chief  of  the  Fire  Department 
may  delegate  any  of  his  powers  or  duties  under  this 
Ordinance  to  the  City  Fire  Inspector. 


342 


City  Ordinances 


Nothing  herein  provided  shall  in  any  way  be  con- 
strued to  restrict  or  limit  any  of  the  duties  or  powers 
heretofore  imposed  or  conferred  upon  the  City  Inspector 
of  Buildings,  but  shall  be  deemed  to  be  concurrent 
therewith. 

Sec.  3.  The  City  Fire  Inspector  shall  investigate  the 
cause,  origin  and  circumstance  of  every  fire  occurring  in 
the  city  by  which  property  has  been  destroyed  or  dam- 
aged, and,  so  far  as  possible,  shall  determine  whether  the 
fire  is  the  result  of  carelessness  or  design.  Such  inves- 
tigations shall  be  begun  immediately  upon  the  occurrence 
of  such  a fire,  and  if  it  appears  to  the  officer  making 
such  investigation  that  such  fire  is  of  suspicious  origin, 
the  Chief  of  the  Fire  Department  shall  be  immediately 
notified  of  the  fact;  he  shall  take  charge  immediately  of 
the  physical  evidence,  shall  notify  the  proper  authorities 
designated  by  law  to  pursue  the  investigation  of  such 
matters,  and  shall  further  co-operate  with  the  authorities 
in  the  collection  of  evidence  and  in  the  prosecution  of 
the  case.  Every  fire  shall  be  reported  In  writing  to  the 
Chief  of  the  Fire  Department  within  two  days  after  the 
occurrence  of  the  same,  by  the  City  Fire  Inspector.  Such 
report  shall  be  in  such  form  as  shall  be  prescribed  by  the 
Chief  of  the  Fire  Department,  and  shall  contain  a state- 
ment of  all  facts  relating  to  the  cause,  origin  and  cir- 
cumstance of  such  fire,  the  extent  of  the  damage  thereof, 
and  the  insurance  upon  such  property,  and  such  other  in- 
formation as  may  be  required. 

Sec.  4.  Before  licenses  or  permits  may  be  issued  for 
the  keeping,  storage,  use,  manufacture,  sale,  handling, 
transportation  or  other  disposition,  of  highly  inflammable 
materials  and  rubbish,  crude  petroleum  or  any  of  its 
products,  gun  or  blasting  powder,  dynamite,  or  explosives 
of  any  kind,  including  fireworks,  fire  crackers,  and  sig- 
nalling explosives  the  City  Fire  Inspector  shall  inspect  and 
approve  the  receptacles,  vehicles,  buildings  or  storage 
places  to  be  used  for  any  such  purposes. 

Sec.  5.  The  City  Fire  Inspector,  or  a Deputy  spe- 
cially designated  thereto,  shall  inspect,  as  often  as  may 
be  necessary,  but  not  less  than  four  times  a year,  all 
specially  hazardous  manufacturing  processes,  storages  or 
installations,  of  acetylene  or  other  gases,  chemicals,  oils, 
explosives  and  inflammable  materials,  all  interior  fire 
alarms  and  automatic  sprinkler  systems,  and  such  other 
hazards  or  appliances  as  the  Chief  of  the  Fire  Department 
shall  designate,  or  as  may  exist,  and  shall  make  such 
orders  as  may  be  necessary  for  the  enforcement  of  the 
laws  and  Ordinances  governing  the  same  and  for  safe- 
guarding of  life  and  property  from  fire. 

Sec.  6.  It  shall  be  the  duty  of  the  Chief  of  the  Fire 
Department  to  inspect,  or  cause  to  be  inspected  by  the 
City  Fire  Inspector,  as  often  as  may  be  necessary,  but  not 
less  than  twice  a year  in  outlying  districts  and  four  times 
a year  in  the  closely  built  portions  of  the  city,  all  build- 
ings, premises  and  public  thoroughfares  except  the  in- 
teriors of  private  dwellings,  for  the  purpose  of  ascertain- 
ing and  causing  to  be  corrected  any  conditions  liable  to 


City  of  Phoenix 


343 


cause  fire,  or  any  violations  of  the  provisions  or  intent 
of  any  Ordinance  of  the  city  affecting  the  fire  hazard. 

Whenever  the  City  Fire  Inspector  shall  find  in  any 
building,  or  upon  any  premises  or  other  place,  combustible 
or  explosive  matter  or  dangerous  accumulations  of  rub- 
bish or  unnecessary  accumulation  of  waste  paper,  boxes, 
shavings,  or  any  highly  inflammable  materials  especially 
liable  to  fire,  and  which  is  so  situated  as  to  endanger  life 
or  property;  or  shall  find  obstructions  to  or  on  fire 
escapes,  stairs,  passageways,  doors  or  windows,  liable  to 
interfere  with  the  operations  of  the  Fire  Department  or 
egress  of  occupants,  in  case  of  fire,  he  shall  order  the 
same  to  be  removed  or  remedied,  and  such  order  shall 
forthwith  be  complied  with  by  the  owner  or  occupant  of 
such  premises  or  buildings,  subject  to  appeal  within  twen- 
ty-four hours  to  the  Chief  of  the  Fire  Department,  as 
provided  in  Section  7 of  this  Ordinance. 

Any  owner  or  occupant  failing  to  comply  with  such 
order  within  a reasonable  period  after  the  service  of  the 
said  order,  shall  be  liable  to  a penalty  as  hereinafter 
provided. 

The  service  of  any  such  order  may  be  made  upon 
the  occupant  of  the  premises  to  whom  it  is  directed,  either 
by  delivering  a copy  of  same  to  such  occupant  personally 
or  by  delivering  the  same  to  and  leaving  it  with  any  per- 
son in  charge  of  the  premises,  or  in  case  no  such  person 
is  found  upon  the  premises,  by  affixing  a copy  thereof 
in  a conspicuous  place  on  the  door  to  the  entrance  of  the 
said  premises.  Whenever  it  may  be  necessary  to  serve 
such  an  order  upon  the  owner  of  premises,  such  order  may 
be  served  either  by  delivering  to  and  leaving  with  the 
said  person  a copy  of  the  said  order,  or,  if  such  owner  is 
absent  from  the  jurisdiction  of  the  officer  making  the 
order,  by  mailing  such  copy  to  the  owner’s  last  known 
postoffice  address. 

Sec.  7.  The  City  Fire  Inspector,  upon  the  complaint 
of  any  person,  or  whenever  he  shall  deem  it  necessary, 
shall  inspect  all  buildings  and  premises  within  the  cor- 
porate limits  of  the  city.  Whenever  the  City  Fire  In- 
spector shall  find  any  building  or  other  structure  which, 
for  want  of  repairs,  lack  of,  or  insufficient,  fire  escapes, 
automatic  or  other  fire  alarm  apparatus  or  fire  extin- 
guishing equipment,  or  by  reason  of  age  or  dilapidated 
condition,  or  from  any  other  cause,  is  especially  liable  to 
fire,  and  which  is  so  situated  as  to  endanger  other  prop- 
erty or  the  occupants  thereof,  and  whenever  such  office]’ 
shall  find  in  any  building  combustible  or  explosive  matter 
or  inflammable  conditions  dangerous  to  Hie  safety  of 
such  buildings  or  the  occupants  thereof,  he  or  they  shall 
order  such  dangerous  conditions  or  materials  to  be  re- 
moved or  remedied,  and  such  order  shall  forthwith  be 
complied  with  by  the  owner  or  occupant  of  such  premises 
or  buildings.  If  such  order  is  made  by  the  City  Fire  In- 
spector, such  owner  or  occupant  may  within  twenty-four 
hours  appeal  to  the  Chief  of  the  Fire  Department,  who 
shall,  within  five  days,  review  such  order  and  file  his 
decision  thereon,  and  unless  by  his  authority  the  order  is 


344 


City  Ordinances 


revoked  or  modified  it  shall  remain  in  fuil  force  and  be 
complied  with  within  the  time  fixed  in  said  order  or  de- 
cision of  the  Chief  of  the  Fire  Department; 

Provided,  however,  that  any  such  owner  or  occupant 
may,  within  five  days  after  the  making  or  affirming  of 
any  such  order  by  the  Chief  of  the  Fire  Department,  file 
his  petition  with  the  City  Court,  praying  a review  of  such 
order,  and  it  shall  be  the  duty  of  such  court  to  hear  the 
same  within  not  less  than  five  days  nor  more  than  ten 
days  from  the  time  the  petition  is  filed,  and  to  make 
such  order  in  the  premises  as  right  and  justice  may  re1 
quire,  and  such  decision  shall  be  final.  Such  parties  so 
appealing  to  the  City  Court  shall  file  with  said  court 
within  two  days  a bond  in  an  amount  to  be  fixed  by  the 
Court,  to  be  approved  by  the  Court,  conditioned  to  pay  all 
the  costs  of  such  appeal  in  case  such  appellant  fails  to 
sustain  his  appeal  or  the  same  be  dismissed  for  any  cause. 
In  event  of  such  appeal  the  City  Court  shall,  on  request 
of  the  Chief  of  the  Fire  Department  or  the  appellant, 
subpoena  such  witnesses  as  they  may  request. 

Sec.  8.  The  Chief  of  the  Fire  Department,  the  City 
Fire  Inspector,  or  any  Deputy  Inspector  may,  at  all  rea- 
sonable hours,  enter  any  building  or  premises  within  the 
corporate  limits  of  the  City,  for  the  purpose  of  making 
any  inspection  or  investigation  which,  under  the  pro- 
visions of  this  Ordinance,  he  or  they  may  deem  necessary 
to  be  made;  provided,  however,  that  nothing  in  this  sec- 
tion shall  be  construed  to  apply  to  the  interior  of  private 
dwellings. 

Sec.  9.  The  City  Attorney,  upon  request  of  the 
Chief  of  the  Fire  Department,  shall  assist  the  City  Fire 
Inspector  in  the  investigation  of  any  fire  which,  in  their 
opinion,  is  of  suspicious  origin. 

Sec.  10.  It  shall  be  the  duty  of  the  Chief  of  the 
Fire  Department  to  require  teachers  of  public,  private 
and  parochial  schools  and  educational  institutions  to  have 
one  fire  drill  each  week,  and  to  keep  all  doors  and  exits 
unlocked  during  school  hours. 

Sec.  11.  The  Chief  of  the  Fire  Department  shall 
keep,  in  his  office,  a record  of  all  fires  and  of  all  the 
facts  concerning  the  same,  including  statistics  as  to  the 
extent  of  such  fires  and  the  damage  caused  thereby,  and 
whether  such  losses  were  covered  by  insurance,  and  if  so, 
in  what  amount.  Such  record  shall  be  made  dailv  from 
the  reports  made  by  the  City  Fire  Inspector  under  the 
provisions  of  this  Ordinance.  All  such  records  shall  be 
public. 

Sec.  12.  The  City  Fire  Inspector  shall  report  month- 
ly to  the  Chief  of  the  Fire  Department,  which  report  shall 
be  transmitted  to  the  City  Manager.  It  shall  contain 
all  proceedings  under  this  Ordinance,  with  which  statistics 
as  the  Chief  of  the  Fire  Department  may  wish  to  include 
therein. 

Sec.  13.  Any  officer  referred  to  in  this  Ordinance 
who  refuses  or  neglects  to  perform  the  duties  herein  im- 
posed upon  him  shall  be  removed  from  office. 

Sec.  14.  Any  person  or  persons,  firm  or  corporation, 


City  op  Phoenix 


345 


violating  any  of  the  provisions  of  this  Ordinance,  or  neg- 
lecting to  comply  with  any  order  issued  pursuant  to  any 
section  thereof,  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction,  shall  be  punished  by  a fine  not  exceeding 
Three  Hundred  ($300.00)  Dollars,  or  by  imprisonment  in 
the  City  Jail  for  a period  not  to  exceed  180  days,  or  by 
both,  and  each  day’s  failure  or  neglect  to  comply  with 
any  reasonable  order  made  pursuant  to  any  provision  of 
this  Ordinance  shall  be  deemed  to  be  a separate  offense. 

Sec.  15.  Whereas,  it  is  necessary  to  the  preservation 
of  the  public  peace,  health  and  safety  that  this  Ordin- 
ance become  immediately  effective  an  emergency  is  here- 
by declared  to  exist,  and  this  Ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage  by  the  Com- 
mission, approved  by  the  Mayor,  posting,  and  publication, 
as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  3d  day  of  June,  1921. 

Approved  this  3d  day  of  June,  1921. 

WILLIS  H.  PLUNKETT, 

Attest:  Mavor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  541. 

An  Ordinance  amending  Ordinance  No.  224,  entitled  “An 
Ordinance  establishing  a Park  and  Playground  Board 
for  the  City  of  Phoenix”,  by  adding  thereto  a pro- 
vision for  the  appointment  of  a Park  Superintendent 
and  the  fixing  of  his  powers  and  duties  and  by 
further  adding  thereto  a provision  permitting  said 
Board  to  receive  donations,  legacies  and  bequests  for 
park  and  playground  purposes  and  the  disposition 
of  the  same. 

Be  it  Ordained  by  the  Commission  of  the  City  of 
Phoenix  as  follows: 

That  Ordinance  No.  224,  entitled  “An  Ordinance  Es- 
tablishing a Park  and  Playground  Board  for  the  City  of 
Phoenix,”  be  amended  so  as  to  read  as  follows: 

Section  1.  There  is  hereby  established  a Park  and 
Playground  Board  for  the  City  of  Phoenix  which  shall  con- 
sist of  five  members  to  be  appointed  by  the  Commission, 
each  of  whom  shall  be  a resident  taxpayer  of  the  city  and 
an  elector  thereof,  and  each  of  whom  shall  serve  for  two 
years  and  until  his  successor  shall  be  appointed  and  qual- 
ify, and  without  compensation. 

Sec.  2.  It  shall  be  the  duty  of  said  Park  and  Play- 
ground Board  to  formulate  a general  plan  for  the  crea- 
tion of  a park  and  playground  system  for  the  city  with  a 
view  to  its  future  growth  and  development;  to  secure 
plans  and  estimates  for  work  necessary  to  he  done  each 
year  in  furtherance  of  said  system  and  to  submit  the 
same  to  the  Commission  for  approval  and  appropriate  ac- 
tion, and  to  perform  such  administrative  duties  as  may  by 
Ordinance  be  conferred  upon  it.  Said  Board  may  make 
and  enforce  such  rules  and  regulations  appertaining  to 
its  own  government  and  the  conduct  of  such  administra- 


346 


City  Ordinances 


tive  duties  as  may  by  Ordinance  be  conferred  upon  it  as 
it  may  deem  necessary  and  proper. 

Sec.  3.  The  office  of  Park  Superintendent  is  hereby 
created,  which  officer  shall  be  appointed  by  the  City  Man- 
ager by  and  with  the  consent  of  the  Commission.  In 
making  such  appointment  the  City  Manager  shall  consider 
any  recommendations  that  may  be  made  by  the  Park  and 
Playground  Board  relative  thereto.  The  Park  Superin- 
tendent shall  be  subject  to  removal  at  any  time  by  the 
City  Manager,  provided,  however,  that  any  vacancy  thus 
created  is  to  be  filled  as  hereinbefore  provided.  The  sal- 
ary of  the  Park  Superintendent  shall  be  as  fixed  by  the 
City  Commission. 

Sec.  4.  It  shall  be  the  duty  of  the  Park  Superintend- 
ent to  supervise  the  care,  maintenance  and  improvement 
of  the  parks  and  public  playgrounds  of  the  City  under  the 
direction  of  the  Park  and  Playground  Board,  provided, 
however,  that  he  shall  not  purchase  any  materials,  hire 
any  labor  or  create  any  other  expense  chargeable  against 
the  city  without  the  approval  of  the  City  Manager.  The 
supervision  and  control  of  the  parks  of  the  City  and  of 
all  trees,  grass  and  foliage  growing  in  and  upon  any  of 
said  parks  or  public  playgrounds  of  the  city,  heretofore 
vested  in  the  Superintendent  of  Streets,  shall  hereafter 
vest  in  said  Park  Superintendent  subject  to  the  limitations 
herein  prescribed. 

Sec.  5.  The  Board  of  Parks  and  Playgrounds  may, 
for  and  in  behalf  of  the  City  of  Phoenix,  receive  dona- 
tions, legacies  or  bequests  for  the  purpose  of  the  acquisi- 
tion, improvement  or  maintenance  of  parks  and  play- 
grounds within  the  city  which,  unless  otherwise  provided 
by  the  terms  of  such  donations,  legacies,  or  bequests,  shall 
be  deposited  with  the  Treasurer  of  the  City  to  the  credit 
of  the  park  and  playground  funds  and  be  expended  as 
may  be  provided  by  Ordinance. 

Sec.  6.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  this  Ordinance  are  hereby  repealed. 

Sec  7.  Whereas,  it  is,  in  the  judgment  of  the  Com- 
mission, necessary  for  the  immediate  preservation  of  the 
best  health  and  safety  of  the  City  that  this  Ordinance  take 
effect  immediately,  an  emergency  is  hereby  declared  to 
exist,  and  this  Ordinance  shall  take  effect  from  and  after 
its  passage  and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  16th  day  of  November,  1921. 

Approved : 

J.  A.  R.  IRVINE, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 

CHAPTER  VIII. 

MEETINGS  OF  COMMISSION. 

ORDINANCE  NO.  9. 

An  Ordinance  prescribing  the  method  of  procedure  for 

the  passage  of  Ordinances  by  the  Commission  of  the 

City  of  Phoenix. 


City  of  Phoenix 


347 


Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  all  proposed  Ordinances  shall  here- 
after be  read  in  full  at  the  meeting  of  the  Commission 
when  introduced,  and,  if  there  be  no  objection,  shall  be 
read  a second  time  by  title,  and  thereupon  may  be  re- 
ferred to  a committee  to  investigate  anu  report  at  the 
next  meeting,  or  action  thereon  may  be  postponed  to  the 
next  meeting  without  referring  the  same  to  a committee, 
as  the  Commission  may  determine. 

At  the  next  succeeding  meeting  of  the  Commission,  * 
if  such  committee  shall  report  thereon,  or  if  action  thereon 
shall  not  be  again  deferred  by  the  Commission,  the  said 
proposed  Ordinance  shall  be  taken  up  as  unfinished  busi- 
ness and  again  read  in  full,  unless  the  Commission  shall 
unanimously  consent  that  it  may  be  read  by  title,  and 
after  reading,  either  in  full  or  by  title,  shall  be  placed 
upon  its  final  passage. 

Provided,  however,  that  in  special  or  emergency  cases 
any  proposed  Ordinance  may  be  placed  upon  its  third 
reading  and  final  passage  at  the  same  meeting  as  first 
introduced,  upon  the  unanimous  consent  of  the  Com- 
mission being  first  had  and  obtained. 

Sec.  2.  This  Ordinance  shall  be  in  effect  from  and 
after  its  passage,  and  shall  be  published  as  required  by 
the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
third  day  of  June,  1914. 

GEO.  U.  YOUNG, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  150. 

An  Ordinance  fixing  the  time  for  the  holding  of  regular 
meetings  of  the  City  Commission  and  determining 
the  order  of  procedure  at  such  meetings,  and  pro- 
viding for  the  calling  of  special  meetings  of  the  City 
Commission. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  The  Commission  shall  meet  regularly  for 
the  transaction  of  business  on  each  Wednesday  of  each 
and  every  month  at  the  hour  of  10  o’clock  a.  m.  in  the 
City  Hall  of  the  City  of  Phoenix,  and  no  notice  of  said 
regular  meetings  shall  be  required  to  be  given. 

Sec.  2.  The  order  of  business  at  all  such  meetings, 
unless  otherwise  directed,  by  a majority  vote  of  the  mem- 
bers present,  shall  be  as  follows: 

1.  Roll  call. 

2.  Reading  and  approval  of  the  minutes  of  the  pre- 
vious meeting. 

3.  Consideration  of  pending  Ordinances. 

4.  Introduction  and  consideration  of  new  Ordinances. 

5.  Consideration  of  pending  petitions,  resolutions 
and  protests  relating  to  street  improvements. 

6.  Consideration  of  new  petitions,  resolutions  and 
protests  relating  to  street  improvements. 


348 


City  Ordinances 


7.  Miscellaneous  business. 

8.  Hearing  of  citizens  present  who  may  desire  to 
address  the  Commission  upon  any  subject  apper- 
taining to  city  affairs,  provided  that  any  matter 
so  discussed  must  relate  to  some  matter  brought 
to  the  attention  of  the  Commission  in  the  form 
of  a written  communication. 

Sec.  3.  Special  meetings  of  the  City  Commission 
may  be  called  by  the  Mayor  or  by  three  members  of  the 
# Commission.  Every  such  call  shall  be  in  writing  and  filed 
with  the  City  Clerk  and  shall  set  forth  the  time  such 
meeting  is  to  be  held  and  shall  also  state  the  purpose  for 
which  it  is  called  and  what  matters,  questions  and  busi- 
ness shall  be  brought  before,  heard  or  considered  at  such 
meeting. 

Upon  the  filing  of  a call  for  a special  meeting,  the 
City  Clerk  shall  forthwith  give  notice  thereof  to  each 
member  of  the  Commission,  either  by  reading  such  call  to 
such  Commissioner  personally  or  over  the  telephone,  or 
by  causing  a copy  of  said  call  to  be  served  upon  said 
Commissioner;  and  in  the  event  personal  service  cannot 
be  had  upon  any  Commissioner,  then  by  causing  a copy  of 
such  call  to  be  left  at  the  residence  of  such  Commissioner. 
Such  notice  shall  be  complete  at  least  four  hours  before 
any  such  special  meeting  is  held. 

Sec.  4.  The  City  Clerk  is  hereby  authorized  to  call 
upon  any  member  of  the  City  Police  force,  or  upon  any 
employee  of  the  city  not  otherwise  engaged,  to  make 
service  of  copies  of  such  call  upon  the  Commissioners. 

Sec.  5.  Any  irregularity  or  failure  of  proper  or 
sufficient  notice  to  any  Commissioner  of  any  special  meet- 
ing of  the  Commission  shall  be  waived  and  cured  by  the 
presence  of  such  Commissioner  at  such  special  meeting  or 
by  such  Commissioner  filing  with  the  City  Clerk,  at  or 
before  the  time  of  holding  such  meeting,  a written  waiver 
of  notice  thereof  and  consent  that  such  meeting  may  be 
held. 

Sec.  6.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed,  and  this  Ordinance 
shall  be  in  full  force  and  effect  from  and  after  thirty 
days  from  its  passage  by  the  Commission  and  approval 
by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
2nd  day  of  August,  1916. 

Approved  this  2nd  day  of  August,  1916. 

PETER  CORPSTEIN, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


CHAPTER  IX. 

TAXES  AND  TAX  LEVIES. 

ORDINANCE  NO.  27. 

An  Ordinance  regulating  the  annual  levy,  assessment  and 
collection  of  city  taxes. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 


City  of  Phoenix 


349 


Section  1.  The  fiscal  year  of  the  City  of  Phoenix 
shall  commence  on  the  first  day  of  July  of  each  year,  and 
shall  end  on  the  thirtieth  day  of  June  of  each  year  there- 
after. 

Sec.  2.  On  or  before  the  first  Monday  in  May  of 
each  year,  the  Manager  of  the  City  of  Phoenix  shall  pre- 
pare, or  cause  to  be  prepared,  a careful  estimate,  in  writ- 
ing, of  the  amounts  of  money,  specifying  in  detail  the 
objects  thereof,  required  for  the  business  and  conduct  of 
the  affairs  of  the  City  of  Phoenix  during  the  next  ensuing- 
fiscal  year,  stating  in  detail  the  amount  required  to  meet 
all  expenditures  necessary  for  city  purposes,  including 
interest  and  sinking  funds  for  outstanding  indebtedness, 
if  any,  therein ; also  an  estimate  of  the  amount  of  income 
expected  from  all  sources  from  every  department,  and  the 
probable  amount  required  to  be  raised  by  taxation  to 
cover  such  expenditures,  interest  and  sinking  funds. 

The  Commission  shall  meet  at  its  usual  place  of 
holding  meetings  on  the  second  Tuesday  in  June  of  each 
year,  and  make  a budget  of  the  estimated  amounts  re- 
quired to  pay  the  expenses  of,  and  to  conduct,  the  city 
government  for  the  ensuing  year.  The  budget  shall  be 
prepared  so  as  to  show  the  aggregate  sum,  and  in  detail 
the  items  thereof,  allowed  to  each  department,  office  and 
subdivision  of  the  city  government.  The  budget  shall  also 
contain  a statement  of  the  receipts  for  the  previous  year 
and  an  estimate  of  the  receipts  for  the  ensuing  year 
from  sources  other  than  direct  property  taxation,  and  the 
amount  or  amounts  proposed  to  be  raised  by  taxation 
upon  the  real  and  personal  property  within  the  city.  Said 
budget  shall  be  published  in  the  official  newspaper  of 
the  city  for  at  least  two  publications,  and  the  Commission 
shall  meet  at  its  usual  place  of  holding  meetings  not  later 
than  the  second  Tuesday  in  July,  when  and  where  any 
taxpayer  who  may  appear  shall  be  heard  in  favor  or 
against  any  proposed  tax  levies,  and  upon  such  hearing 
the  Commission  may  modify  or  amend  any  item  or  items 
of  expenditures  in  said  proposed  budget,  and  after  the 
conclusion  of  such  hearing  the  Commission  shall  adopt 
said  proposed  budget,  as  finally  corrected,  as  the  city 
budget  for  the  ensuing  year. 

Sec.  3.  The  Commission  shall  finally  adopt,  not  later 
than  the  third  Tuesday  in  July,  an  Ordinance  levying  upon 
the  assessed  valuation  of  all  the  property  within  the  city, 
subject  to  taxation,  a rate  of  taxation  upon  every  hundred 
dollars  of  valuation  sufficient  to  raise  the  amounts  esti- 
mated in  the  annual  budget  to  be  required  to  be  raised 
by  taxation.  And  except  as  herein  otherwise  provided, 
the  rules,  practices  and  procedure  which  now  are,  or 
hereafter  may  be,  provided  by  state  law  for  the  levy, 
assessment  and  collection  of  state  and  county  taxes,  shall 
govern  and  control  the  corresponding  city  officials  in 
the  levy,  assessment  and  collection  of  city  taxes  of  the 
City  of  Phoenix,  so  far  as  the  same  are,  or  may  be, 
applicable  and  not  in  conflict  with  the  City  Charter  or 
any  Ordinance  of  the  City  of  Phoenix. 

Sec.  4.  The  City  Assessor  and  ex-officio  City  Col- 


350 


City  Ordinances 


lector  between  the  first  Monday  in  January  and  the  first 
Monday  in  May  of  each  year,  shall  ascertain  by  diligent 
inquiry  and  examination  all  property  in  the  city,  real,  per- 
sonal and  mixed,  subject  to  taxation;  also  the  names  of 
all  persons,  firms,  associations  and  corporations  owning 
or  claiming  the  same  or  any  interest  therein,  or  having 
possession  or  control  thereof,  and  shall  determine  the  full 
cash  value  of  all  such  property,  and  shall  list  and  assess 
the  same  to  the  person,  firm,  association  or  corporation 
owning  or  having  the  possession,  charge  or  control  thereof, 
and  shall  prepare,  complete  and  file  for  equalization  an 
assessment  roll  thereof  with  the  Commission. 

In  preparing  said  assessment  roll,  the  said  City  As- 
sessor and  ex-officio  City  Collector  may  demand  of  each 
person,  firm,  association  and  corporation,  and  from  the 
president,  cashier,  treasurer  or  managing  agent  of  every 
firm,  association  and  corporation  a correct  list,  under 
oath  or  affirmation,  of  all  the  property,  real,  personal  and 
mixed,  within  the  City  of  Phoenix,  owned  or  claimed  by, 
or  in  the  possession  or  control  of,  such  person,  firm,  asso- 
ciation or  corporation.  And  he  shall  also  have  the  power 
and  authority  to  call  upon  any  person,  firm,  association  or 
corporation,  and  upon  any  officer  or  agent  in  charge 
thereof,  for  any  information  bearing  upon  the  subject  of 
the  valuation  of  the  list  of  taxable  property  or  pertaining 
thereto,  and  the  further  power  and  authority  to  examine 
any  and  all  maps,  drawings,  books,  invoices,  records, 
papers  and  documents  belonging  to  such  person,  firm, 
association  or  corporation,  and  shall  have  power  to  sum- 
mon witnesses  to  appear  and  testify,  and  to  compel  them 
to  produce  maps,  drawings,  books,  invoices,  records, 
papers  and  documents  before  him,  at  a time  and  place 
to  be  by  him  appointed,  and  shall  have  power  to  adminis- 
ter oaths  at  all  such  examinations. 

He  shall  also  have  power,  and  is  hereby  directed,  at 
the  expense  of  the  city,  to  make  written  request  of,  and 
to  secure  from,  the  County  Assessor  of  Maricopa  County, 
Arizona,  a complete  certified  copy  of  the  County  As- 
sessor’s assessment  roll,  of  both  real  and  personal  prop- 
erty, so  far  as  such  assessment  roll  pertains  to  property 
within  the  limits  of  the  City  of  Phoenix,  under  the  pro- 
visions of  paragraph  4877  of  the  Revised  Statutes  of  Ari- 
zona, 1913. 

And,  where  by  law  the  assessment  of  any  particular 
property  or  class  of  property  within  the  city  is  authorized 
or  directed  to  be  made  by  some  state  officer  or  officers, 
the  value  as  so  fixed  by  such  state  officer  or  officers  may 
be  accepted  and  followed  by  the  said  City  Assessor  and 
ex-officio  City  Collector  in  the  preparation  of  said  as- 
sessment roll. 

Sec.  5.  The  Commission  shall  meet  at  the  usual 
place  of  holding  meetings  on  the  second  Monday  in  May 
of  each  year,  at  ten  o’clock  in  the  forenoon  of  said  day, 
and  sit  as  a Board  of  Equalization,  and  shall  continue  in 
session  from  day  to  day  for  twenty  days,  at  least  five 
days’  published  notice  thereof  being  previously  given.  It 
shall  have  full  power  to  coi*rect,  modify,  strike  out,  reduce 


City  of  Phoenix 


351 


or  raise  any  assessment  shown  in  the  assessment  roll 
prepared  by  the  City  Assessor  and  ex-officio  City  Col- 
lector; provided,  that  the  Commission  shall  give  a notifi- 
cation of  any  proposed  raise  to  each  person  whose  assess- 
ment is  proposed  to  be  raised,  by  publishing  at  least  twice 
in  the  official  newspaper  a notification  of  such  proposed 
raise,  or  by  sending  him,  through  the  United  States  post- 
office,  properly  directed  and  stamped,  a notification  of 
such  proposed  raise. 

Sec.  6.  After  the  equalization  of  city  taxes  by  the 
Commission  sitting  as  a Board  of  Equalization,  and  after 
the  adoption  of  the  Ordinance  making  the  tax  levy  for 
the  fiscal  year,  the  assessment  roll,  as  equalized,  shall  be 
delivered  to  the  City  Clerk  to  compute  and  carry  out  the 
amount  of  tax  so  levied  upon  each  parcel  of  property 
contained  in  said  assessment  roll,  and  the  said  City  Clerk 
shall  thereupon  compute  and  carry  out  thereon  the  taxes 
so  levied,  and  shall  certify  the  same  as  the  assessment 
roll  of  the  city,  and  thereupon  shall  deliver  the  said  as- 
sessment roll,  so  certified,  to  the  Commission,  and  when 
the  same  is  adopted  by  the  said  Commission  as  the  tax 
roll,  the  Mayor  shall  attach  his  warrant  thereto,  author- 
izing the  City  Assessor  and  ex-officio  City  Collector  to 
collect  the  taxes  therein,  and  the  said  warrant  shall  be 
the  authority  of  the  City  Assessor  and  ex-officio  City 
Collector  to  proceed  to  collect  the  said  taxes. 

Sec.  7.  Every  tax  due  upon  real  property  is  a lien 
against  the  property  assessed,  and  every  tax  due  upon 
improvements  upon  real  property,  whether  assessed  to  the 
owner  of  said  real  estate  or  assessed  to  others  than  the 
owner  of  said  real  estate,  is  a lien  upon  the  land  and  im- 
provements, which  several  liens  attach  as  of  the  first  Mon- 
day in  January  preceding  the  assessment  and  levy  thereof. 
Every  tax  due  upon  personal  property  is  a Hen  upon  said 
property  and  also  upon  the  real  property  of  the  owner 
thereof,  on,  from  and  after  the  first  Monday  in  January 
preceding  the  assessment  and  levy  thereof.  And  the  liens 
hereby  created  are  and  shall  be  first  liens  and  prior  and 
superior  to  any  and  all  liens  theretofore  or  thereafter 
existing  upon  or  attaching  to  said  property,  except  only 
liens  thereon  for  state  and  county  taxes,  and  as  to  such 
tax  liens  shall  be  equal  and  concurrent;  and  the  liens 
hereby  created  shall  continue  and  remain  in  full  force 
and  effect  until  the  full  amount  of  taxes,  penalties,  per- 
centages, charges  and  costs  has  been  paid  to  the  city,  or 
until  the  title  to  the  property  charged  with  such  lien  has 
become  finally  vested  in  the  purchaser  thereof  under 
proper  sale,  pursuant  to  judicial  or  other  proceedings  to 
enforce  said  lien. 

Sec.  8.  The  taxes  on  all  personal  property  not  se- 
cured by  real  property  shall  be  due  and  payable  upon  the 
assessment  and  levy  thereof,  and  shall  become  delinquent 
ten  days  thereafter.  * The  taxes  on  all  personal  property 
secured  by  real  property,  and  one-half  of  the  taxes  on  all 
real  property,  shall  be  due  and  payable  on  the  second 
Monday  in  October  after  the  assessment  and  levy  thereof, 
and  shall  be  delinquent  on  the  second  Monday  In  November 


352 


City  Ordinances 


next  thereafter  at  six  o’clock  p.  m.,  and  unless  paid  prior 
thereto,  fifteen  per  cent  will  be  added  to  the  amount  as 
delinquent  penalty,  and  if  said  one-half  be  not  paid  before 
the  second  Monday  in  April  following,  at  six  o’clock  p.  m., 
an  additional  five  per  cent  will  be  added  thereto. 

The  remaining  one-half  of  the  taxes  on  all  real  prop- 
erty will  be  due  and  payable  on  the  first  Monday  in 
March  after  the  assessment  and  levy  thereof,  and  shall  be- 
come delinquent  on  the  second  Monday  in  April  following 
at  six  o’clock  p.  m.,  and  unless  paid  prior  thereto  five  per 
cent  will  be  added  to  the  amount  thereof  as  delinquent 
penalty.  : 

All  taxes  may  be  paid  at  the  time  the  first  install- 
ment, as  herein  provided,  becomes  due  and  payable,  and 
the  taxes  on  any  particular  lot,  piece  or  parcel  of  land 
contained  in  any  assessment  may  be  paid  separately  from 
the  whole  assessment,  if  such  lot,  piece  or  parcel  has  a 
separate  valuation  on  the  assessment  roll,  by  paying  the 
amount  of  taxes  due  on  such  lot,  piece  cr  parcel,  with  a 
proper  proportion  of  the  amounts  due  as  taxes  on  per- 
sonal property  and  penalties,  if  any.  And  where  a tract 
of  land  is  assessed  in  entirety  to  one  or  more  persons,  and 
a part  of  the  land  belongs  to  a person  not  appearing  on 
the  assessment,  such  person  may  pay  his  proportion  of 
the  whole  tax,  together  with  a proper  proportion  of  the 
amounts  due  as  taxes  on  personal  property  and  penalties, 
if  any. 

Sec.  9.  The  City  Assessor  and  ex-officio  City  Col- 
lector shall  proceed  to  collect  by  distress  and  sale  all 
taxes  due  on  personal  property  not  secured  by  real  estate, 
immediately  upon  the  same  becoming  delinquent.  Such 
sale  of  personal  property  must  be  at  public  auction,  after 
one  week’s  notice  of  the  time  and  place  thereof,  given  by 
not  less  than  two  publications  in  the  official  newspaper. 

For  seizing  and  selling  personal  property  as  provided 
in  this  section,  the  City  Assessor  and  ex-officio  City  Col- 
lector shall  charge  the  sum  of  three  dollars  as  costs  of 
such  sale,  and  a penalty  of  one  per  cent  per  month  from 
and  after  the  same  became  delinquent,  and  on  payment  of 
the  price  bid  for  such  property  and  the  delivery  thereof, 
together  with  a bill  of  sale  therefor  executed  by  the  said 
City  Assessor  and  ex-officio  City  Collector,  all  title  and 
interest  thereto  shall  vest  in  the  purchaser,  free  of  all 
claims,  incumbrances  and  liens,  except  liens  for  state 
and  county  taxes.  From  the  moneys  received  by  him  from 
the  sale  of  such  personal  property,  the  City  Assessor  and 
ex-officio  City  Collector  shall  pay  to  the  City  Treasurer 
the  amount  of  the  taxes  due  thereon,  together  with  all 
penalties,  percentages  and  charges,  and  all  moneys  re- 
maining from  the  proceeds  of  said  sale,  after  the  payment 
of  taxes,  percentages,  penalties  and  charges,  shall  be  re- 
turned to  the  owner,  his  heirs,  or  assigns,  of  the  property 
so  sold,  and  until  lawfully  claimed  shall  be  deposited  with 
the  City  Treasurer  subject  to  the  owner’s  order.  All  sales 
of  personal  property  for  delinquent  taxes,  as  provided  in 
this  section,  shall  take  place  at  the  front  door  of  the  City 
Hall  of  the  City  of  Phoenix,  and,  except  as  herein  other- 


City  of  Phoenix 


353 


wise  provided,  shall  be  conducted  in  accordance  with  the 
laws  of  the  State  of  Arizona  providing  for  the  sale  of 
personal  property  for  delinquent  state  and  county  taxes, 
so  far  as  the  same  may  be  applicable. 

All  taxes  upon  real  estate  not  paid  at  the  times 
herein  provided,  and  all  taxes  upon  personal  property 
secured  by  a lien  upon  real  property,  and  not  paid  at  the 
times  herein  provided,  shall  become  and  be  delinquent 
from  and  after  the  times  herein  specified  for  the  payment 
thereof.  On  the  second  Monday  in  April  of  each  year 
the  City  Assessor  and  ex-officio  City  Collector  shall,  at 
the  close  of  his  official  business  on  that  day  and  after 
the  hour  of  six  o’clock  p.  m.,  enter  upon  the  tax  roll  a 
statement  that  he  has  made  a levy  upon  all  property 
therein  assessed,  the  taxes  upon  which  have  not  been 
paid,  and  he  shall  immediately  ascertain  the  several 
amounts  of  taxes  then  delinquent,  carry  out  the  same  upon 
the  roll  in  a separate  column,  and  add  up  the  column, 
enter  the  total  on  the  roll,  and  verify  the  same  by  the 
oath  of  himself  or  deputy,  and  the  same  shall  be  known 
as  the  “City  delinquent  list;”  and  shall  then  enter  the 
same  alphabetically  in  a book  to  be  known  as  the  “back 
tax  roll;”  all  of  which  shall  be  completed  by  the  third 
Monday  in  April  of  each  year.  And  on  the  third  Monday 
in  April  of  each  year  the  City  Assessor  and  ex-officio 
City  Collector  shall  report  to  the  Commission  the  amount 
of  taxes  charged  to  the  said  City  Assessor  and  ex-officio 
City  Collector  during  the  year,  the  total  collections  for 
the  year,  the  amounts  of  exemptions,  refunds,  errors  and 
errors  in  the  roll,  and  the  total  amount  of  the  delinquent 
list  as  shown  in  said  back  tax  roll,  and  ine  said  Commis- 
sion shall  examine  and  compare  the  delinquent  list  and 
back  tax  roll,  and  if  any  property  has  been  assessed  more 
than  once,  or  if  any  property  is  not  subject  to  taxation, 
or  if  any  property  be  incorrectly  described,  the  said  Com- 
mission shall  correct  such  errors  by  the  best  means  in  its 
power  and  cause  the  delinquent  list  and  back  tax  roll,  so 
corrected,  to  be  certified  to  by  the  Mayor  and  redelivered 
to  the  City  Assessor  and  ex-officio  City  Collector.  And 
it  shall  be  the  duty  of  the  City  Assessor  and  ex-officio 
City  Collector  to  proceed  to  enforce  the  lien  of  the  city 
therefor  and  thereon. 

Not  earlier  than  thirty  days  nor  later  than  sixty  days 
after  the  certification  of  the  said  delinquent  list  and  pack 
tax  roll,  as  hereinbefore  provided,  suit  shall  be  filed  by 
the  City  Assessor  and  ex-officio  City  Collector  in  the 
Superior  Court  of  the  State  of  Arizona  in  and  for  the 
County  of  Maricopa,  in  the  name  of  the  City  of  Phoenix, 
to  enforce  payment  of  such  delinquent  taxes  and  to 
foreclose  the  lien  of  the  city  therefor;  and  it  shall  be  the 
duty  of  the  City  Attorney  to  prepare  all  pleadings,  papers 
and  notices  in  all  suits  for  the  collection  of  delinquent 
taxes,  and  to  prosecute  the  same  to  final  determination. 
And  the  rules  and  procedure  prescribed  by  law  for  the 
collection  of  delinquent  state  and  county  taxes  and  the 
enforcement  of  the  lien  of  the  state  therefor  and  the  fore- 
closure of  said  lien  and  the  sale  of  property  under  judg- 


354 


City  Ordinances 


ment  and  the  issuance  of  certificate  of  sale  and  the  exe- 
cution of  deed  pursuant  to  such  sale,  in  the  absence  of 
redemption  within  six  months,  shall  apply  to  and  govern 
all  suits  and  proceedings  for  the  collection  of  city  delin- 
quent taxes  and  the  enforcement  of  the  lien  of  the  city 
therefor,  as  far  as  the  same  may  be  applicable,  and  ex- 
cept as  may  be  herein  or  hereafter  provided.  Provided, 
however,  that  upon  foreclosure  of  any  such  tax  lien  the 
court  may  provide  in  its  judgment  of  foreclosure  that 
the  said  property  shall  be  sold  by  the  City  Assessor  and 
ex-officio  City  Collector  instead  of  by  the  Sheriff  of 
Maricopa  County,  and  that  the  certificate  of  sale  shall  be 
issued  by  the  said  City  Assessor  and  ex-officio  City  Col- 
lector, and  that,  unless  the  property  be  redeemed  from 
such  sale  within  a period  of  six  months,  the  City  As- 
sessor and  ex-officio  City  Collector  shall  execute  to  the 
purchaser  deed  therefor. 

But  no  failure  of  the  City  Assessor  and  ex-officio 
City  Collector  to  properly  return  the  delinquent  list,  and 
no  irregularity  in  the  assessment  or  omissions  in  the 
same,  or  irregularity  of  any  kind  in  any  proceedings 
shall  invalidate  any  such  proceedings  or  invalidate  any 
title  conveyed  by  any  tax  deed,  nor  shall  any  failure 
or  neglect  of  any  officer  or  officers  to  perform  any 
of  the  duties  assigned  to  him  or  them  on  the  day  or  within 
the  time  specified,  work  any  invalidation  of  any  proceed- 
ings or  of  any  such  deed  or  sale,  or  affect  the  validity  of 
the  assessment  and  levy  of  taxes  or  of  the  judgment  and 
sale  by  which  the  collection  of  the  same  may  be  enforced, 
or  in  any  manner  affect  the  lien  of  the  city  upon  such 
real  estate  for  the  delinquent  taxes  unpaid  thereon,  and 
no  overcharge  as  to  a part  of  taxes  or  of  costs  shall  in- 
validate any  proceedings  for  the  collection  of  taxes  or  the 
foreclosure  of  the  lien  therefor,  or  a sale  of  the  property 
under  such  foreclosure;  and  all  acts  of  officers  de  facto 
shall  be  as  valid  as  if  they  were  officers  de  jure. 

Any  person  entitled  by  law  to  redeem  property  sold 
under  execution  may  redeem  such  property  from  any  tax 
sale  at  any  time  within  six  months  after  sale,  by  paying 
to  the  City  Assessor  and  ex-officio  City  Collector  the 
amounts  of  said  judgment,  taxes,  charges,  penalties,  per- 
centages and  costs.  Should  no  redemption  be  made  within 
the  period  prescribed  by  law  and  this  Ordinance,  deed 
shall  issue  to  the  purchaser  at  the  end  of  such  period  of 
redemption.  Such  deed  shall  convey  to  the  grantee  an 
estate  in  fee  simple,  free  and  clear  of  all  liens  and  in- 
cumbrances, except  liens  for  state  and  county  taxes. 

Any  deed  issued  pursuant  to  foreclosure  of  any  tax 
lien  shall  be  prima  facie  evidence  of  the  regularity  of 
any  and  all  proceedings  preceding  and  leading  up  to  its 
execution  and  delivery,  and  shall  be  conclusive  evidence 
of  the  truth  of  each  and  every  recital  therein  contained. 

Whenever  any  real  estate  is  offered  for  sale  for  city 
taxes  due  thereon,  and  there  is  no  bidder  therefor,  the 
same  shall  be  struck  off  and  sold  to  the  city  in  like  case, 
in  like  manner,  with  like  effect,  and  with  like  right  of 


City  of  Phoenix 


355 


redemption  as  it  may  be  struck  off  and  sold  to  the  state 
when  offered  for  sale  for  state  and  county  taxes. 

WHEREAS,  this  Ordinance  requires  immediate  opera- 
tion in  order  to  preserve  the  public  peace,  health  and 
safety,  an  emergency  is  hereby  declared  to  exist,  and  this 
Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage  by  the  Commission  and  approval  by  the 
Mayor,  and  is  hereby  exempted  from  the  referendum  pro- 
vision of  the  City  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  first  day  of  October,  1914. 

Approved  this  first  day  of  October,  1914. 

GEO.  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


CHAPTER  X. 

STREETS  AND  ALLEYS. 

ORDINANCE  NO.  350. 

An  Ordinance  concerning  house  numbering. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  The  numbering  of  all  houses  fronting 
upon  the  public  streets,  avenues  and  thoroughfares  within 
the  City  of  Phoenix  shall  be  in  conformity  with  the  dec- 
imal system  and  the  following  rules: 

First:  The  intersection  of  Center  and  Washington 

streets  shall  be  the  initial  points  of  numbering  all  blocks 
and  buildings  of  the  City  of  Phoenix,  as  follows: 

1.  All  buildings  fronting  on  east  and  west  streets 
which  intersect  or  start  from  Center  street,  beginning 
with  numbers  one  (1)  and  two  (2)  adjoining  said  Center 
street,  shall  be  numbered  progressively  therefrom  through 
each  block.  Following  the  intersection  of  each  numbered 
street  or  avenue  the  numbering  shall  again  begin  with 
numbers  one  (1)  or  two  (2)  plus  the  number  of  hun- 
dreds which  is  indicated  by  the  number  of  said  inter- 
secting street  or  avenue. 

2.  All  buildings  fronting  on  north  and  south  streets 
which  intersect  or  start  from  Washington  street,  begin- 
ning with  numbers  one  (1)  and  two  (2)  adjoining  said 
Washington  street,  shall  be  numbered  progressively  there- 
from through  each  block.  Following  the  intersection  with 
each  of  the  following  named  streets  the  numbering  shall 
begin  with  numbers  one  (1)  and  two  (2),  plus  the  num- 
ber of  hundreds  to  be  determined  as  follows: 

North  of  Adams  and  south  of  Jefferson  streets,  one 
hundred  (100). 

North  of  Monroe  and  south  of  Madison  streets,  two 
hundred  (200). 

North  of  Van  Buren  and  south  of  Jackson  streets, 
three  hundred  (300). 


356 


City  Ordinances 


North  of  Polk  and  south  of  Harrison  streets,  four 
hundred  (400). 

North  of  Taylor  and  south  of  Buchanan  streets,  five 
hundred  (500). 

North  of  Fillmore  and  south  of  Lincoln  streets,  six 
hundred  (600). 

North  of  Pierce  and  south  of  Grant  streets,  seven 
hundred  (ZOO). 

North  of  McKinley  and  south  of  Sherman  streets, 
eight  hundred  (800). 

North  of  Garfield  and  south  of  Hadley  street,  nine 
hundred  (900). 

North  of  Roosevelt  and  south  of  Tonto  streets,  ten 
hundred  (1,000). 

North  of  Portland  and  south  of  Maricopa  streets, 
eleven  hundred  (1,100). 

North  of  Westmoreland  and  south  of  , 

twelve  hundred  (1,200). 

3.  Buildings  fronting  on  Grand  avenue  shall  be 
numbered  progressively  northwesterly  from  Seventh  ave- 
nue, beginning  with  numbers  seven  hundred  and  one 
(701)  and  seven  hundred  and  two  (702)  in  conformity 
with  the  rule  for  numbering  buildings  fronting  on  east 
and  west  streets. 

4.  Buildings  fronting  on  the  north  and  west  sides 
of  streets  and  avenues  shall  be  designated  by  even  num- 
bers, and  buildings  fronting  on  the  south  and  east  sides 
of  streets  or  avenues  shall  be  designated  by  odd  numbers. 
Each  odd  number  shall  be  placed  as  nearly  as  possible 
opposite  the  following  consecutive  even  number. 

5.  For  the  purpose  of  this  Ordinance  the  front  of 
each  lot  within  the  area  bounded  on  the  north  by  Van 
Buren  street,  on  the  east  by  Seventh  street,  on  the  south 
by  the  south  line  of  the  north  half  of  Section  Eight, 
Township  One  North,  Range  Three  East,  Gila  and  Salt 
River  Base  and  Merdidian,  and  Harrison  street;  on  the 
west  by  Seventh  street;  except  the  lots  fronting  on  Van 
Buren  street,  Seventh  street,  Harrison  street  and  Seventh 
avenue,  shall  be  divided  into  an  equal  number  of  parts, 
each  part  approximating  twelve  and  one-half  feet,  as 
nearly  as  may  be,  and  one  number  shall  be  assigned  to 
each  of  said  parts.  The  fronts  of  all  other  lots  in  the 
City  of  Phoenix,  as  the  same  are  laid  out  and  recorded 
in  the  office  of  the  County  Recorder,  shall  be  divided 
into  an  equal  number  of  parts,  approximating  twenty- 
five  feet,  as  nearly  as  may  be,  and  one  number  shall  be 
assigned  to  each  of  said  parts. 

For  the  purpose  of  this  Ordinance,  a block  shall  be 
held  to  mean  the  space  between  consecutive  streets  or 
avenues  named  in  paragraphs  1 and  2 of  Section  1 of 
this  Ordinance  and  Yavapai  street,  as  the  same  is  upon 
the  ground,  but  none  other. 

7.  When  any  street  or  avenue  named  herein  inter- 
sects any  other  street  or  avenue  from  one  side  only,  the 
numbering  on  the  opposite  side  of  such  intersected  street 
or  avenue  shall  be  initiated  at  the  lot  corner  most  nearly 


City  of  Phoenix 


357 


opposite  that  side  of  the  street  which  lies  farthest  from 
the  initial  point. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Engineer  to 
prepare  the  necessary  maps  and  records  of  all  lot  num- 
bers in  the  city,  which  maps  shall  be  kept  an  file  in  the 
office  of  the  City  Recorder  and  shall  be  opened  for  ex- 
amination to  all  persons  during  the  regular  office  hours 
of  said  City  Recorder. 

Sec.  3.  All  owners  or  occupants  of  houses,  now 
erected  or  which  may  hereafter  be  erected  within  said 
city,  are  hereby  required  to  number  their  houses  in  con- 
formity with  the  provisions  of  this  Ordinance  and  the 
regulations  thereof.  And  any  owner  or  occupant  of  any 
house  now  erected,  or  hereafter  to  be  erected,  who  shall 
fail  to  number  said  house  as  aforesaid  within  sixty  days 
after  the  taking  effect  of  this  Ordinance,  or  who  shall 
number  any  house  otherwise  than  in  conformity  with  the 
provisions  hereof,  and  the  rules  and  regulations  of  this 
Ordinance,  shall  incur  a penalty  of  not  exceeding  five 
(5)  dollars  for  each  and  every  such  offense. 

Sec.  4.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  herewith,  and  especially  Ordinance  No.  117,  are 
hereby  repealed. 

Sec.  5.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publication 
for  ten  days  in  a newspaper  published  in  the  City  of 
Phoenix,  Arizona  Territory. 

Passed  by  the  Common  Council  this  8th  day  of  March, 
A.  D.  1904. 

Approved  this  8th  day  of  March,  1904. 

WALTER  BENNETT. 

Attest : 

W.  C.  FOSTER,  Acting  City  Recorder. 


ORDINANCE  NO.  226. 

An  Ordinance  establishing  lines  for  porch  posts,  telephone, 
telegraph,  electric  light  and  trolley  poles  upon  the 
streets  and  alleys  of  the  City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  On  all  streets  having  fourteen  (14)  feet 
and  sixteen  (16)  feet  curb  lines,  the  outer  edge  or  side 
of  the  porch  posts  is  to  be  placed  thirteen  and  one-half 
(13%)  feet  from  the  property  line  and  on  a line  at 
right  angles  thereto  and  towards  the  center  of  the  street. 
And  on  all  streets  having  twelve  (12)  feet  curb  lines  the 
outer  edge  or  side  of  the  porch  posts  is  to  be  placed  eleven 
and  one-half  (11%)  feet  from  the  property  line,  and  on 
a line  at  right  angles  thereto  and  towards  the  center  of 
the  street.  No  porch  post  to  be  placed  at  block  corners 
inside  of  street  intersections. 

Sec.  2.  Telephone,  telegraph,  electric  light  and  trol- 
ley poles  and  all  other  poles  that  may  be  placed  upon  the 
streets  and  avenues,  the  street  side  of  poles  is  to  be 
placed  flush  with  the  inside  of  curb  (said  curb  being  six 


358 


City  Ordinances 


(6)  inches  wide,  no  poles  to  be  placed  at  block  corners 
inside  of  street  intersections,  and  all  poles  between  block 
corners  to  be  placed  in  line  with  lot  lines  or  partition 
walls  that  are  right  angled  or  nearly  so,  to  curb  line, 
except  on  streets  that  have  the  same  direction  as  lot  lines, 
then  said  poles  shall  be  placed  in  line  with  building  or 
partition  walls  that  are  right  angled  or  nearly  so,  to  curb 
line,  and  the  street  side  of  pole  to  be  placed  flush  with 
the  inside  of  curb. 

Sec.  3.  And  all  poles  that  may  be  placed  upon  al- 
leys twenty-five  (25)  feet  wide,  the  alley  side  of  pole 
shall  be  placed  three  and  one-half  (3*4)  feet  from  the 
alley  property  line  and  parallel  thereto  and  towards  the 
center  of  alley. 

All  poles  that  may  be  placed  upon  alleys  twenty  (20) 
feet  wide  (including  Wall  street)  shall  be  placed  up  to 
and  flush  with  the  property  line,  and  side  arms  shall  be 
used  to  carry  the  wires. 

And  all  poles  in  alleys  at  alley  corners,  where  alleys 
intersect  street,  the  street  side  of  such  poles  shall  be 
placed  in  line  with  the  street  property  line. 

All  poles  that  may  be  placed  upon  alleys  elsewhere 
than  at  the  alley  corners  of  alley  and  street  intersections, 
shall  be  placed  in  line  with  a lot  line  or  building  partition 
wall,  right  angled  or  nearly  so  to  the  curb  line,  but  no 
two  poles  shall  be  placed  on  opposite  sides  of  the  alley, 
in  line  with  the  same  lot  line  or  building  partition  wall. 

No  poles  shall  be  placed  at  alley  corners  inside  of 
street  and  alley  intersections. 

Sec.  4.  Amended  by  Ordinance  No.  294. 

All  Ordinances  and  parts  of  Ordinances  in  conflict 
herewith  are  hereby  repealed. 

This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication  according  to  law. 

Passed  by  the  Common  Council  of  Phoenix  this  the 
3rd  day  of  August,  1896. 

Approved  this  the  3rd  day  of  August,  1896. 

J.  D.  MONIHON, 

Attest : Mayor. 

T.  A.  JOBS,  City  Recorder. 


ORDINANCE  NO.  438. 

An  Ordinance  relating  to  the  placing  of  poles,  posts,  trees, 
hitching  rings,  awnings  or  porch  posts  on  the  side- 
walks of  the  City  of  Phoenix. 

The  Common  council  of  the  City  of  Phoenix  do  or- 
dain, as  follows: 

Section  1.  On  all  streets  and  on  all  alleys,  all  poles, 
posts,  trees,  hitching  rings,  awnings  or  porch  posts,  service 
hydrants  and  all  other  constructions  extending  above  the 
grade  of  the  sidewalk  shall  be  placed  so  the  same  shall  be 
six  inches  from  the  inside  of  the  outer  edge  of  the  curb, 
save  and  excepting  in  the  case  of  fire  hydrants,  which 
latter  may  be  set  otherwise  if  so  directed  by  the  Superin- 
tendent of  the  Water  Department. 

Sec.  2.  All  telephone  poles  on  all  streets  and  alleys 


City  of  Phoenix 


359 


of  the  City  of  Phoenix  shall  be  placed  on  the  south  side 
of  all  streets  and  alleys  running-  east  and  west,  and  on 
the  east  side  of  all  streets  and  alleys  running  north  and 
south;  and  all  electric  light  poles  shall  be  placed  on  the 
north  side  of  all  streets  and  alleys  running  east  and  west 
and  on  the  west  side  of  all  streets  and  alleys  running 
north  and  south,  and  on  Grand  avenue  all  telephone  poles 
shall  be  placed  on  the  south  side  and  all  electric  light 
poles  on  the  north  side;  except  where  said  poles  are 
already  standing,  in  which  event  the  City  Engineer  may,  if 
he  deems  it  advisable,  issue  a written  permit  for  the 
construction  upon  the  opposite  side  of  such  street  or  alley 
and  file  a copy  of  such  permit  with  the  City  Recorder. 

Sec.  4.  On  streets  and  alleys  underground  conduits 
for  telephones  must  be  on  the  same  sides  as  directed  in 
Section  2 and  at  a depth  of  two  (2)  feet  to  three  and 
one-half  (3^)  feet  below  the  established  grade  and  on 
alleys  at  two  and  one-half  (2Mj)  feet  from  the  outer 
edge  of  the  curb  and  on  streets  at  four  and  one-half 
(4 Vz)  feet  from  the  outer  edge  of  the  curb,  except  in 
such  streets  or  alleys  as  this  position  is  now  occupied  by 
an  existing  utility,  in  which  event  the  similar  position  on 
the  opposite  side  of  the  street  or  alley  must  be  used. 

Sec.  4.  On  all  alleys  less  than  twenty  (20)  feet  in 
width  the  placing  of  poles  shall  conform  to  the  provisions 
contained  in  Section  2 of  this  Ordinance  except  that  said 
poles  shall  be  placed  touching  upon  the  property  line 
and  on  all  such  alleys  underground  conduits  shall  be 
placed  two  and  one-half  feet  from  the  respective  property 
lines. 

Sec.  5.  Any  person,  firm,  company  or  corporation 
violating  any  of  the  provisions  of  this  Ordinance  shall  be 
deemed  guilty  of  a misdemeanor  and  upon  conviction 
thereof  be  fined  in  a sum  not  less  than  five  dollars  nor 
more  than  twenty-five  dollars  or  by  imprisonment  in  the 
City  Jail  for  not  less  than  five,  nor  more  than  twenty- 
five  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  6.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication,  as  re- 
quired by  law. 

Passed  by  the  Common  Council  this  19th  day  of  June, 
1909. 

LLOYD  B.  CHRISTY, 

Attest : Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  414. 

An  Ordinance  regulating  the  construction  of  cement  side- 
walks, gutters,  curbs,  cross  bridge  and  cross  walks  in 
the  City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 


360 


City  Ordinances 


Section  1.  All  concrete  sidewalks,  gutters,  curbs, 
cross  bridges  and  cross  walks  shall  be  built  in  conformity 
with  the  official  lines  and  grades  of  the  City  of  Phoenix, 
except  as  hereinafter  specified,  and  shall  comply  strictly 
with  plans  prepared  by  the  City  Engineer,  a ' copy  of 
which  shall  be  filed  with  the  City  Recorder.  The  City 
Engineer  may  make  alterations  in  said  plans  if  he  deem 
it  necessary.  The  cement  shall  be  Portland,  of  quality  to 
be  approved  by  the  City  Engineer.  The  sand  and  gravel 
or  crushed  rock  shall  be  free  from  loam  or  dirt.  In  all 
mixtures  the  materials  shall  be  measured  by  bulk,  the 
cement  as  packed  and  not  loose.  One  bag  of  cement  be 
considered  to  equal  one  cubic  foot  and  four  bags  as  one 
barrel.  All  work  shall  be  laid  on  ground  that  is  thoroughly 
compact  and  thoroughly  wet.  After  completion  of 
the  work  it  shall  be  allowed  to  dry  for  ap- 
proximately twenty-four  hours  uncovered,  depend- 
ing upon  the  weather,  then  covered  with  earth  at 
least  two  inches  deep  and  kept  constantly  wet  for  six 
days.  The  concrete  shall  be  laid  in  three  layers.  When 
using  river  sand  and  rivel  gravel,  the  foundation  layer 
shall  consist  of  one  part  cement,  three  parts  sand  and  six 
parts  gravel.  This  shall  be  thoroughly  laid  and  tamped 
until  water  flushes  to  the  surface.  The  middle  layer 
shall  consist  of  one  part  cement,  three  parts  sand  and 
four  parts  gravel  that  will  pass  through  a screen  with  a 
mesh  of  one  square  inch.  The  surfacing  layer  shall  be 
composed  of  one  part  cement  and  one  and  one-quarter 
parts  of  coarse  sand  that  will  pass  through  a screen  of 
one-quarter  inch  mesh  and  the  sand  to  be  re-screened 
with  a screen  of  one-eighth  inch  mesh  and  that  part 
passing  through  to  be  rejected.  The  sand  so  rejected,  if 
free  from  dirt,  may  be  used  in  the  foundation  layer.  The 
surfacing  layer  must  be  thoroughly  troweled.  The  founda- 
tion and  middle  layer  may  be  laid  as  a single  layer,  but 
if  so  laid  must  consist  of  one  part  cement,  three  parts 
sand  and  four  parts  gravel  that  will  pass  through  a screen 
of  one  and  one-half  inch  mesh.  Crushed  rock  may  be  used 
in  place  of  river  gravel,  but  when  so  used  the  proportions 
shall  be  one  part  cement,  three  parts  sand  and  five  parts 
crushed  rock,  which  may  be  used  without  screening  in 
three-layer  work,  but  if  used  in  two-layer  work  then  no 
crushed  rock  shall  be  used  which  will  not  pass  through  a 
screen  of  one  and  one-half  inch  mesh. 

SIDEWALKS. 

Section  2.  All  sidewalks  shall  be  laid  with  a slope 
toward  the  center  of  the  street  fifteen-thousandths  of  a 
foot  per  foot  of  width.  The  total  thickness  shall  be  four 
inches.  The  foundation  layer  shall  be  two  and  one-half 
inches  thick,  the  middle  layer  one  inch  thick  and  the  sur- 
facing layer  one-half  inch  thick. 

GUTTERS. 

Sec.  3.  All  street  gutters  shall  be  thirty-three  inches 
wide.  The  outer  edge  shall  be  formed  of  a railroad  or 
street  car  rail,  which  may  have  had  use  as  such,  but  which 
shall  weigh  not  less  than  thirty-five  pounds  per  yard.  The 


City  of  Phoenix 


361 


total  thickness  of  concrete  shall  be  six  inches.  The  founda- 
tion layer  shall  be  three  and  one-quarter  inches,  the 
middle  layer  one  and  three-quarters  inches,  and  the  sur- 
facing layer  one  inch  thick.  All  alley  gutters  shall  be 
twelve  inches  wide  and  the  bottom  shall  be  made  on  a 
twelve-inch  radius.  In  materials  and  thickness  of  con- 
struction they  shall  conform  to  street  gutters. 

CURBS. 

Sec.  4.  All  curbs  shall  be  six  inches  wide  on  top, 
and  extend  to  the  bottom  of  the  gutter  foundation,  as 
shown  on  plans  heretofore  mentioned.  The  body  shall  be 
composed  of  concrete,  similar  to  the  foundation  layer 
hereinbefore  described,  and  of  variable  thickness  as 
shown  on  plans.  The  middle  layer  for  top  and  front  shall 
be  one  inch  thick,  and  the  surfacing  layer  shall  be  one- 
half  inch  thick,  except  at  the  corner,  where  it  shall  be 
two  inches  thick.  At  street  intersections  the  curbs  shall 
be  constructed  on  a four-foot  radius,  and  at  alley  inter- 
sections on  a three-foot  radius;  at  the  intersection  of  a 
street  with  an  alley  there  shall  be  no  curve  unless  ordered 
by  the  City  Engineer,  in  which  event  it  shall  be  on  a 
three-foot  radius. 


CROSS  BRIDGES. 

Sec.  5.  In  building  cross  bridges,  the  arch  shall  con- 
sist of  concrete  similar  to  that  herein  described  as  middle 
layer,  and  shall  have  a surfacing  layer  of  one-half  inch. 
The  arch  must  be  reinforced  under  direction  of  the  City 
Engineer  if  so  required. 

CROSS  WALKS. 

Sec.  6.  Cross  walks  shall  be  defined  as  the  walk 
crossing  a street  between  the  cross  bridges  over  the  gut- 
ters and  also  as  that  portion  of  the  sidewalk  crossing 
alleys  between  property  lines.  Cross  walks  need  not 
conform  to  the  city  grade,  but  contractors  and  builders 
of  such  walks  must  obtain  a permit  from  the  City  En- 
gineer in  writing  before  constructing  any  cross  walk 
which  does  not  conform  to  the  city  grade,  in  which  event 
the  cross  walk  must  conform  to  the  actual  surface  of  the 
street.  The  foundation  layer  shall  be  four  inches  thick, 
the  middle  layer  one  inch  and  the  surfacing  layer  one 
inch  thick.  Gravel  or  crushed  rock  may  be  used  in  the 
foundation  course,  which  will  pass  through  a two-inch 
screen.  The  surface  must  be  made  rough  as  directed  by 
the  City  Engineer. 

Sec.  7.  Any  person  violating  the  provisions  of  this 
Ordinance,  whether  a contractor  making  any  improve- 
ment referred  to  herein,  or  the  owner  of  premises  for 
whom  such  improvement  is  being  made,  or  both  such  con- 
tractor and  such  owner,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  a 
sum  not  less  than  $50.00  nor  more  than  $200.00,  or  be 
imprisoned  in  the  City  Jail  for  not  less  than  50  days  nor 
more  than  200  days,  or  be  punished  by  both  such  fine 
and  imprisonment,  and  every  day  during  which  any  viola- 


362 


City  Ordinances 


tion  of  this  Ordinance  continues  shall  be  considered  as 
constituting  a new  offense,  and  shall  be  punished  as  in 
this  section  provided. 

Sec.  8.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  9.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  as  by 
law  provided. 

Passed  by  the  Common  Council  of  Phoenix  this  26th 
day  of  October,  1908. 

LEWIS  W.  COGGINS, 

Attest : Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  251. 

An  Ordinance  of  the  Commission  of  the  City  of  Phoenix 
relating  to  the  survey  and  inspection  of  cement  con- 
crete sidewalks  and  irrigation  pipe  lines. 

Section  1.  Before  a survey  or  inspection  is  fur- 
nished for  any  proposed  sidewalk  or  pipe  line,  the  appli- 
cant for  the  survey  or  inspection  shall  apply  to  the  City 
Engineer  for  permission  to  construct  the  same,  and  shall 
pay  to  the  City  Engineer  a fee  of  one-half  (Y2)  cent  per 
square  foot  for  each  square  foot  of  sidewalk  proposed  to 
be  constructed. 

Amended.  Ordinance  414. 

Sec.  2.  The  City  Engineer  shall  require  each  ap- 
plicant for  a survey  of  a proposed  sidewalk  or  pipe  line 
to  deposit  with  him,  in  advance  of  the  survey,  the  sum 
of  ten  ($10.00)  dollars  as  a guarantee.  The  City  En- 
gineer shall  give  a receipt  for  same,  and  upon  the  com- 
pletion of  the  sidewalk  or  pipe  line  shall  refund  this 
money  to  the  applicant  upon  the  production  of  said  re- 
ceipt, except  in  such  cases  where  the  applicant  has  given 
an  order  for  a sidewalk  of  one  hundred  (100)  feet  or 
more  in  length  and  constructs  less  than  the  aforesaid 
length.  Then  the  City  Engineer  shall  deduct  five  ($5.00) 
dollars  from  the  guarantee  sum. 

Sec.  3.  The  City  Engineer  shall  furnish  an  in- 
spector for  each  and  every  piece  of  sidewalk  or  pipe  line 
to  be  constructed,  and  shall  be  notified  at  least  twenty- 
four  (24)  hours  in  advance  of  the  time  when  the  work 
is  proposed  to  be  started. 

Sec.  4.  In  the  event  that  the  work  is  not  carried  on 
so  that  a definite  and  continuous  rate  of  progress  of  sixty 
(60)  square  feet  of  sidewalk  is  constructed  per  hour,  or 
twelve  (12)  lineal  feet  of  pipe  is  laid  per  hour,  or  in  the 
event  that  the  work  is  not  completed  within  sixty  (60) 
days  from  the  date  of  the  survey,  the  guarantee  sum 
shall  be  forfeited  to  the  City  of  Phoenix. 

Sec.  5.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  deemed  guilty  of  a misde- 
meaner,  and  on  conviction  thereof  shall  be  fined  in  a 


City  of  Phoenix 


363 


sum  not  less  than  five  ($5.00)  dollars  nor  more  than 
twenty-five  ($25)  dollars,  and,  in  case  said  fine  should  not 
be  paid,  to  be  imprisoned  in  the  City  Jail  for  one  day  for 
each  dollar  of  said  fine  unpaid. 

Sec.  6.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

This  Ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage,  approval  and  publication  as 
by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  9th  day  of  April,  1919. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  353. 

An  Ordinance  of  the  Commission  of  the  City  of  Phoenix 

relating  to  the  construction  of  driveways. 

Section  1.  Before  a permit  is  granted  for  the 
breaking  of  the  curb  and  the  construction  of  driveways 
on  streets  that  have  cement  concrete  curbs  constructed 
thereon,  the  applicant  for  the  driveway  must  produce 
evidence  satisfactory  to  the  City  Engineer  to  show  that 
the  construction  of  such  driveway  is  agreeable  to  and  in 
accordance  with  the  desire  of  the  owner  or  owners  of  the 
property  to  which  said  driveway  will  be  an  entrance.  The 
applicant  shall  apply  to  the  City  Engineer  for  permission  to 
remove  the  curbing  and  shall  pay  to  the  City  Engineer 
a fee  of  one-half  ( Vz ) cent  per  square  foot  for  each 
square  foot  of  driveway  proposed  to  be  constructed  and 
one-half  (V2.)  cent  per  lineal  foot  for  each  lineal  foot  of 
curb  proposed  to  be  constructed. 

The  City  Engineer  shall  require  each  applicant  for  a 
proposed  driveway  to  deposit  with  him  the  sum  Q.f  ten 
(10)  dollars  as  a guarantee  that  the  driveway,  with 
proper  curb  and  gutter  returns,  will  be  constructed  within 
thirty  days  after  the  curbing  has  been  broken  out.  The 
City  Engineer  shall  give  a receipt  for  the  guaranteed 
deposit  and  upon  the  completion  of  said  driveway  within 
the  specified  time  shall  refund  the  ten  ($10)  dollar  de- 
posit to  the  applicant  upon  the  presentation  of  the  receipt 
covering  said  guaranteed  deposit. 

Sec.  2.  After  the  applicant  has  complied  with  the 
requirements  of  Section  1,  the  City  Engineer  shall  issue 
a permit  granting  the  applicant  the  right  to  construct  a 
driveway  and  showing  thereon  the  location,  by  lot  and 
block  number,  for  which  the  application  has  been  made. 

Sec.  3.  The  City  Engineer  shall  furnish  an  In- 
spector for  each  and  every  piece  of  curb,  gutter  and 
driveway  to  be  constructed,  whose  duties  will  be  to  check 
the  forms  for  alignment  and  grade  and  see  that  the  work 
is  done  in  accordance  with  the  specifications  hereinafter 
referred  to. 


364 


City  Ordinances 


The  City  Engineer  shall  be  notified  at  least  twenty- 
four  (24)  hours  in  advance  of  the  time  when  the  work  is 
proposed  to  be  started. 

Sec.  4.  In  the  event  that  the  work  is  not  carried 
on  so  that  the  rate  of  progress  in  laying  the  cement  work 
complete  for  one  driveway,  with  curb  and  gutter  in  four 
(4)  hours,  is  maintained,  or  in  the  event  chat  the  permit 
has  been  granted  and  the  curb  broken  out  and  the  work 
is  not  completed  within  thirty  (30)  days  from  the  date  of 
said  permit,  then  and  in  either  event  the  guarantee  sum 
shall  be  forfeited  to  the  City  of  Phoenix. 

Sec.  5.  All  curb  and  gutter  work  shall  be  con- 
structed in  accordance  with  Specifications  No.  21,  on  file 
in  the  City  Engineer's  office. 

All  driveway  paving  shall  be  constructed  in  accord- 
ance with  the  standard  paving  Specifications  No.  30A,  now 
on  file  in  the  office  of  the  City  Engineer,  or  with 
specifications  which  may  be  hereafter  adopted  by  the 
City  Commission  and  placed  on  file  in  the  City  Engineer’s 
office. 

Sec.  6.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  deemed  guilty  of  a misde- 
meanor, and  on  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  five  ($5.00)  dollars  nor  more  than 
twenty-five  ($25.00)  dollars,  and  in  case  said  fine  should 
not  be  paid,  to  be  imprisoned  in  the  City  Jail  for  one 
day  for  each  dollar  of  said  fine  unpaid. 

Sec.  7.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage,  approval  and  publication  as  by  law 
required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  17th  day  of  March,  A.  D.  1920. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk, 


ORDINANCE  NO.  401. 

An  Ordinance  providing  for  excavating  for  certain  struc- 
tures in  the  streets  and  alleys  of  the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  No  person  shall  dig  or  cause  to  be  dug- 
in,  near  or  adjoining  any  public  street  or  alley  in  the 
City  of  Phoenix  any  vault,  area,  coal  hole,  basement, 
stairway,  elevator  shaft,  cellar  or  other  opening  without 
first  obtaining  a permit  from  the  Commission  of  the  City 
of  Phoenix  so  to  do. 

Sec.  2.  At  the  time  of  the  application  by  any  per- 
son for  any  excavation  for  the  purposes  in  Section  1 of 
this  Ordinance  provided,  such  applicant  shall  file  with 
the  City  Clerk  for  the  information  of  the  Commission,  the 


City  of  Phoenix 


365 


plans  and  specifications  under  which  and  for  which  such 
excavation  is  to  be  made. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  guilty  of  a misdemeanor. 

Sec.  4.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed. 

Sec.  5.  WHEREAS,  it  is  necessary  for  the  preserva- 
tion of  the  public  peace,  health  and  safety  of  the  City 
of  Phoenix  that  this  Ordinance  shall  become  immediately 
effective,  an  emergency  is  hereby  declared  to  exist  and 
this  Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage  by  the  Commission,  approval  by  the 
Mayor,  posting  and  publication  as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  21st  day  of  July,  1920. 

Approved  this  21st  day  of  July,  1920. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

HELEN  C.  FAHEY,  Deputy  City  Clerk. 


ORDINANCE  NO.  414. 

An  Ordinance  amending  Paragraph  2 of  Section  1 of 
Ordinance  No.  251,  entitled  “An  Ordinance  of  the 
Commission  of  the  City  of  Phoenix  relating  to  the 
survey  and  inspection  of  cement  concrete  sidewalks 
and  irrigation  pipe  lines.” 

Be  it  ordained  by  the  City  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Paragraph  2 of  Section  1 of  Ordinance  No. 
251,  entitled  “An  Ordinance  of  the  Commission  of  the 
City  of  Phoenix  relating  to  the  survey  and  inspection  of 
cement  concrete  sidewalks  and  irrigation  pipe  lines,”  be 
amended  so  as  to  read  as  follows: 

A charge  of  five  ($5.00)  dollars  shall  be  made  by 
the  City  Engineer  to  cover  the  cost  of  each  sidewalk 
survey. 

Passed  by  the  City  Commission  of  the  City  of 
Phoenix  this  13th  day  of  October,  1920. 

Approved. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

FRANK  THOMAS,  City  Clerk. 


CHAPTER  XI. 

FRANCHISES. 

ORDINANCE  NO.  53. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  That  a franchise  be  and  the  same  is 
hereby  granted  to  Hutchlon  Ohnick,  and  to  his  successors 
or  assigns;  to  supply  the  said  City  of  Phoenix  and  its 


366 


City  Ordinances 


citizens  and  residents  with  illuminating  gas  or  electric 
light,  or  both,  as  he  may  determine,  with  consent  of  City 
Council. 

Sec.  2.  That  the  said  Hutchlon  Ohnick  shall  have 
the  right  to  erect  at  such  suitable  place  as  he  may  select, 
subject,  nevertheless,  to  the  approval  of  the  Common 
Council  of  said  City  of  Phoenix,  gas  works  for  the  manu- 
facture of  illuminating  gas,  or  machinery  for  electric 
lights,  or  both,  as  he  may  determine,  and  operate  the 
same. 

Sec.  3.  That  he  shall  have  the  right  to  lay  down 
mains  and  distributing  pipes  and  supply  pipes  in  all  or 
any  of  the  streets,  alleys  or  public  grounds  of  the  said 
city  as  he  may  deem  necessary  or  expedient,  under  the 
supervision  of  the  proper  authorities  of  the  City  of 
Phoenix. 

Sec.  4.  That  the  gas  furnished  by  said  Hutchlon 
Ohnick  under  this  franchise  shall  be  of  not  less  than 
twenty-seven  candle  power,  and  he  shall  have  the  right  to 
charge,  receive  and  collect  for  all  such  illuminating  gas 
furnished  or  supplied  by  him  as  aforesaid,  at  such  rates 
as  he  may  from  time  to  time  fix  or  determine,  not  ex- 
ceeding six  dollars  for  one  thousand  cubic  feet  of  gas  of 
twenty-seven  candle  power;  but  in  case  he  furnish  gas  of 
a greater  illuminating  power  than  the  above  power  men- 
tioned, he  may  then  charge  therefor  twenty-five  cents 
per  candle  power  for  every  additional  candle  power  so 
furnished. 

Sec.  5.  That  the  said  Hutchlon  Ohnick,  his  suc- 
cessors or  assigns,  shall  have  the  right  to  substitute  the 
electric  light  for  gas  either  before  or  after  the  erection 
of  the  gas  works,  or  at  any  time  thereafter,  or  to  erect 
and  maintain  both  at  his  or  their  discretion;  and  in  case 
said  electric  light  shall  be  used  or  substituted  for  gas,  all 
the  rights  and  privileges  enumerated  so  far  as  they  may 
be  necessary,  shall  be  held  to  apply  and  be  granted  as 
well  to  the  introduction  and  maintenance  of  such  lights 
as  of  and  to  the  erection  and  maintenance  of  gas  works, 
and  the  supplying  of  gas  therefrom,  subject  to  consent  of 
the  City  Council. 

Sec.  6.  That  gas  furnished  by  said  Hutchlon 
Ohnick  shall  not  be  less  than  twenty-seven  candle  power, 
and  that  said  gas  works  shall  be  completed  and  lighted 
within  six  months  from  the  date  of  the  passage  of  this 
Ordinance,  and  a failure  to  comply  with  this  pro- 
vision shall  operate  as  a forfeiture  of  this  franchise. 

Sec.  7.  The  City  Council  of  said  City  of  Phoenix 
may  from  time  to  time,  as  said  Council  may  elect,  ap- 
point some  competent  person  or  persons  to  make  an 
examination  as  to  the  manner  of  measurement  of  gas 
and  as  to  the  correction  of  meters  in  which  the  gas  i^ 
measured,  and  report  the  result  of  the  same  to  the  said 
Council. 

Sec.  8.  That  said  Hutchlon  Ohnick,  his  successors 
or  assigns,  shall  commence  the  construction  of  said  gas 
works  within  sixty  days  from  and  after  the  approval  and 
passage  of  this  Ordinance. 


City  of  Phoenix 


367 


Sec.  9.  That  in  case  of  failure  or  non-compliance 
upon  the  part  of  said  Hutchlon  Ohnick,  his  successors  or 
assigns,  to  fulfill  and  carry  out  any  and  all  of  the 
stipulations  mentioned  in  this  Ordinance  and  franchise, 
then  the  same  shall  be  null  and  void  and  of  no  effect, 

and  shall  work  as  a forfeiture  o*f  all  right  and  privileges 

granted  or  intended  to  be  granted  hereby. 

Sec.  10.  That  in  case  the  said  Hutchlon  Ohnick,  his 
successors  or  assigns,  discontinue,  refuse  or  neglect  to 
manufacture  gas  or  electric  light  at  any  time  for  and 
during  the  term  of  thirty  days,  then  this  Ordinance  and 
franchise  shall  be  null  and  void,  and  the  City  Council 

may  order  the  removal  of  pipes,  lamp  posts,  so  laid  or 

put  up  by  Hutchlon  Ohnick,  or  his  successors  or  assigns 
in  any  of  the  public  streets,  alleys  or  public  grounds  of 
said  City  of  Phoenix,  and  may  declare  the  same  a public 
nuisance. 

Sec.  11.  That  all  property  used  in  connection,  or 
used  in  or  about  the  said  gas  works  so  constructed  by 
said  Hutchlon  Ohnick,  his  successors  or  assigns,  under  the 
provisions  of  this  Ordinance  or  franchise,  shall  be  exempt 
from  city  taxation  for  the  term  of  three  years,  and  that 
he  or  they  be  and  are  hereby  exempt  from  paying  city 
license  for  conducting  the  business  of  making  gas  and 
selling  the  same  under  the  provisions  of  this  Ordinance 
or  franchise  for  the  term  of  three  years;  Provided, 
that  the  city  shall  pay  10  per  cent  less  for  gas  used  for 
city  purposes  than  the  regular  rate  charged  to  individuals, 
and  shall  pay  $4.50  dollars  for  each  street  lamp  per 
month. 

Sec.  12.  That  the  franchise  and  privileges  herein 
granted  and  expressed,  are  hereby  granted  to  the  said 
Hutchlon  Ohnick,  his  successors  or  assigns,  for  the  term 
of  fifty  years  from  and  after  the  passage  of  this  Ordi- 
nance. 

Sec.  13.  That  the  Common  Council  shall  approve 
the  site  upon  which  the  said  gas  works  are  to  be  erected 
before  the  erection  of  the  same. 

Sec.  14.  This  Ordinance  or  franchise  shall  take 
effect  after  ten  days’  publication  thereof  and  its  approval. 

Passed  in  the  Common  Council  of  the  City  of  Phoe- 
nix this  29th  day  of  April,  A.  D.  1886. 

Approved  this  29th  day  of  April,  A.  D.  1886. 

E.  GANZ, 

Attest : Mayor. 

CHAS.  L.  MOSHER,  Recorder. 


ORDINANCE  NO.  107. 

An  Ordinance  in  relation  to  a Telephone  Exchange  Sys- 
tem in  and  for  the  City  of  Phoenix. 

The  Common  Council  of  the  City  of  Phoenix  do 
ordain  as  follows: 

Section  1.  That  Jerry  Millay  of  Phoenix,  Arizona, 
and  his  assigns  are  hereby  granted  the  right  of  way 
through,  in  and  upon  the  streets,  sidewalks,  alleys  and 


368 


City  Ordinances 


public  grounds  of  the  City  of  Phoenix,  Maricopa  County, 
Arizona,  for  the  purposes  therein  and  thereon  to  erect, 
maintain  and  use  all  the  necessary  poles  or  posts  of  wood 
or  iron  or  other  suitable  material  and  the  necessary 
wires  and  fixtures  to  successfully  operate  and  use  a 
system  of  telephones,  of  a telephone  exchange  within 
said  city,  provided,  that  the  erection  and  maintenance  of 
said  poles,  wires  and  fixtures  shall  be  subject  to  the 
regulations  of  the  Common  Council  of  Phoenix. 

Sec.  2.  That  at  any  time  hereafter,  when  the  public 
needs  shall  require  it  or  business  justify  it,  the  said  Jerry 
Millay  and  his  assigns  shall  have  the  privilege  under  this 
Ordinance  to  extend  said  telephone  system  in  any  direc- 
tion throughout  the  city,  or  in  any  addition  that  may 
hereafter  be  added  to  the  city  or  become  part  of  the  cor- 
porate limits  thereof,  and  the  privileges  hereby  granted 
to  the  said  Jerry  Millay  and  his  assigns  within  said  cor- 
porate limits,  are  hereby  extended  to  and  made  to  cover 
said  additions. 

Sec.  3.  The  rights  and  privileges  hereby  granted 
said  Jerry  Millay  shall  vest  in  him  and  his  assigns  imme- 
diately, upon  the  passage  of  this  Ordinance,  and  shall 
continue  for  the  period  of  fifty  (50)  years  from  the  first 
day  of  January,  A.  D.  1890,  provided,  however,  that  said 
telephone  lines  shall  be  erected  and  in  operation  on  or 
before  the  first  day  of  May,  A.  D.  1891,  and  if  not  in 
operation  by  said  time  then  the  privileges  herein  granted 
shall  be  forfeited  to  the  City  of  Phoenix. 

Sec.  4.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  with  this  Ordinance  are  hereby  repealed. 

Sec.  5.  This  Ordinance  shall  take  effect  from  and 
after  the  date  of  its  passage  and  publication. 

Passed  by  the  Common  Council  of  Phoenix  this  25th 
day  of  August,  1890. 

Approved  this  25th  day  of  August,  A.  D.  1890. 

JOHN  H.  BUBGER, 

Attest:  Acting  Mayor. 

ED.  SCHWARTZ,  City  Recorder. 


ORDINANCE  NO.  123. 

An  Ordinance  granting  to  J.  0.  Dunbar,  his  successors 
and  assigns,  a franchise  to  construct  and  operate  an 
electric  street  railway  system  and  a system  of  electric 
lights  and  power  in  the  City  of  Phoenix. 

The  Common  Council  of  the  City  of  Phoenix  do  or- 
dain as  follows: 

Section  1.  That  the  right  of  way  be  and  the  same  is 
hereby  granted  to  J.  O.  Dunbar,  his  successors  and 
assigns,,  over  and  along  the  public  streets  of  the  City  of 
Phoenix  for  the  period  of  fifty  years  from  and  after 
the  approval  hereof,  for  the  purpose  of  constructing, 
maintaining  and  operating  thereon  by  a single  or  double 
track,  electric  street  railway,  together  with  the  right  to 
construct  all  switches,  turn-outs,  power  houses,  and  all 
other  appliances,  properties,  structures  and  attachments 


City  of  Phoenix 


369 


that  may  be  necessary  for  the  purpose  of  operating  said 
road  and  enabling  it  to  be  as  effective  as  the  best  street 
railroads. 

Sec.  2.  That  said  J.  O.  Dunbar  and  his  successors  or 
assigns,  are  further  granted  by  this  Ordinance,  the  right 
of  way  through  and  upon  the  streets,  sidewalks,  alleys 
and  public  grounds,  of  said  City  of  Phoenix,  for  the 
purpose  of  therein  and  thereon'  to  erect,  maintain  and 
use,  all  necessary  posts  and  poles  of  wood,  iron  or  other 
suitable  materials,  and  the  necessary  wires  and  fixtures, 
successfully  to  operate  and  use  a system  of  electric 
light  and  electric  power,  within  said  City  of  Phoenix,  in 
connection  with  or  independent  of  said  railway,  for  the 
period  of  fifty  years  from  the  passage  of  this  Ordinance. 

Sec.  3.  That  said  J.  0.  Dunbar,  his  successors  and 
assigns,  shall  furnish  the  City  of  Phoenix,  free  of  charge, 
fifty  (50)  incandescent  lights  and  all  additional  lights 
needed  by  said  city,  shall  be  supplied  at  a reduction  of 
twenty-five  per  cent  below  the  price  charged  consumers. 
The  lights  shall  be  sixteen  candle  power,  and  shall  be 
supplied  said  City  when  said  plant  shall  be  in  operation. 

Sec.  4.  At  any  time  hereafter  when  public  need 
requires  it,  or  business  will  justify  it,  the  said  J.  O. 
Dunbar,  his  successors  or  assigns,  shall  have  the  privilege, 
under  this  Ordinance,  of  extending  said  light  and  power 
system,  (and  said  street  railroad,  or  either  of  them)  in 
any  direction  throughout  any  of  the  additions  to  the  said 
City  of  Phoenix,  that  shall  hereafter  become  a part  of 
the  corporate  limits  of  said  City  of  Phoenix,  and  the 
franchise  and  privileges  under  this  Ordinance  shall  ex- 
tend to  said  additions. 

Sec.  5.  This  franchise  for  a street  railway  is  granted 
on  the  express  condition  that  the  said  J.  0.  Dunbar,  his 
successors  or  assigns,  shall  have  constructed  within  one 
year  from  the  time  this  Ordinance  shall  go  into  effect, 
a single  or  double  track  electric  street  railway  line,  over 
the  entire  length  of  Washington  street;  and  the  said 
J.  0.  Dunbar,  his  successors,  or  assigns,  agree  to  extend 
said  street  railway  lines  over  other  streets  of  said  City  of 
Phoenix.  There  shall  be  constructed  one  and  one-half 
miles  the  first  year,  one  and  one-half  miles  the  second 
year,  and  there  shall  be  constructed  and  in  operation  five 
miles  within  three  years  from  the  passage  of  this  Ordi- 
nance, but  the  conditions  herein  required  shall  include  the 
line  to  be  built  on  Washington  street. 

Sec.  6.  The  right  to  construct  said  electric  light  and 
power  system  is  granted  upon  the  express  condition  that 
work  shall  be  commenced  within  six  months  after  this 
Ordinance  shall  go  into  effect,  and  be  completed  and  in 
operation  within  one  year  from  the  granting  of  this 
franchise. 

Sec.  7.  In  case  the  Common  Council  of  Phoenix 
^hall  establish  other  gTades,  or  pave  anv  of  the  streets 
of  said  City  of  Phoenix,  the  said  J.  O.  Dunbar,  his  suc- 
cessors or  assigns,  agree  that  they  will  conform  said  rail- 
road to  said  grade,  and  will,  without  cost  to  the  said 
city,  grade  and  pave  the  space  between  the  rails  of  said 


370 


City  Ordinances 


road,  for  the  distance  of  two  feet  on  both  outer  sides  of 
rails,  with  the  same  material  used  by  the  city  in  paving 
said  street,  and  under  the  supervision  of  the  City  En- 
gineer. 

Sec.  8.  In  the  construction  of  said  road  or  roads, 
only  the  best  material,  such  as  used  in  first-class  roads, 
shall  be  used,  and  in  all  cases  where  this  franchise  is 
granted  over  streets  now  occupied  by  other  lines  of 
street  railway,  owned  by  persons  or  corporations,  whether 
named  herein  or  not,  the  said  J.  O.  Dunbar,  and  his  suc- 
cessors and  assigns,  shall  have  the  right  to  operate  over 
any  and  all  such  tracks  in  accordance  with  and  limited 
only  by  the  statute  laws  of  the  Territory  of  Arizona,  ap- 
plicable thereto,  or  the  Charter  of  said  City  of  Phoenix, 
and  in  case  the  gauge  of  said  tracks  of  said  other  persons 
or  corporations  shall  not  conform  to  the  gauge  of  the 
tracks  of  said  J.  0.  Dunbar,  or  his  successors  or  assigns, 
they  shall  be  permitted  to  lay  a third  rail,  or  two  rails, 
at  his  own  or  their  option,  over  the  distance  traveled  by 
the  roads  jointly. 

Sec.  9.  Time  table  amended  by  Ordinance  162, 
Sec.  1,  Re-amended  by  Ordinance  181,  Sec.  1. 

Sec.  10.  The  cars  on  this  line  shall  be  subject  to 
such  license  tax  as  may  be  from  time  to  time  imposed  by 
the  Common  Council  of  Phoenix. 

Sec.  11.  If  for  a space  of  six  months  any  of  the 
railway  tracks,  constructed  hereunder,  shall  not  be  used 
according  to  section  nine,  the  same  shall  be  removed  by 
and  at  the  expense  of  the  person  or  corporations  owning 
or  controlling  said  railway  upon  receiving  thirty  days’ 
notice  from  said  city,  anything  herein  to  the  contrary 
notwithstanding. 

Sec.  12.  The  privilege  is  hereby  granted  to  said 
•J.  O.  Dunbar,  his  successors  or  assigns,  to  use  animal 
power  in  operating  any  line  of  road  herein  mentioned, 
except  on  Washington  and  Center  street. 

Sec.  13.  Said  J.  O.  Dunbar,  and  his  assigns,  may 
use  such  rails  and  such  gauge  as  may  be  advisable  for 
operating  electric  cars. 

Sec.  14.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  for  ten 
days,  in  the  Arizona  Gazette,  a daily  newspaper  pub- 
lished in  the  City  of  Phoenix,  and  continue  in  force 
thereafter  for  the  period  of  fifty  years;  also  the  cost  of 
such  publication  shall  be  paid  by  said  J.  O.  Dunbar,  and 
his  assigns. 

Passed  by  the  Common  Council  of  Phoenix  this  6th 
day  of  July,  A.  D.  1892. 

Approved  this  28th  dav  of  Julv,  1892. 

JOSEPH  CAMPBELL, 

Attest : Mayor. 

ED.  SCHWARTZ,  City  Recorder. 


City  of  Phoenix 


371 


ORDINANCE  NO.  162. 

The  Common  Council  of  the  City  of  Phoenix  do 
ordain  as  follows: 

Section  1.  That  the  section  nine  (9)  of  Ordinance 
No.  123,  entitled  “An  Ordinance  granting  to  J.  O.  Dun- 
bar, his  successors  and  assigns,  a franchise  to  construct 
an  electric  street  railway  system  and  a system  of  electric 
light  and  power,  in  the  City  of  Phoenix”,  be,  and  the  same 
is  hereby  amended  to  read  as  follows: 

That  cars  over  said  railway  shall  be  run  one  way, 
from  six  a.  m.  until  9 p.  m.,  every  half  hour,  unless 
prevented  by  unavoidable  accident,  and  the  fare  one 
way  over  said  railway,  within  the  limits  of  the  city,  shall 
not  exceed  five  cents,  except  between  the  hours  of  twelve 
o’clock  midnight  and  five  o’clock  a.  m.,  when  the  fare 
one  way  over  said  railway  within  the  limits  of  the  City 
of  Phoenix  may  be,  but  shall  not  exceed  ten  cents. 

Sec.  2.  This  Ordinance  shall  take  effect  and  be  in 
force  for  a period  of  10  years  from  and  after  its  passage 
and  publication  according  to  law. 

Passed  by  the  Common  Council  of  Phoenix  this  2nd 
day  of  April,  A.  D.  1894. 

Approved  this  2nd  day  of  April,  A.  D.  1894. 

P.  J.  COLE, 

Attest : Mayor. 

ED.  SCHWARTZ,  City  Recorder. 


ORDINANCE  NO.  174. 

The  Common  Council  of  the  City  of  Phoenix  do 
ordain  as  follows: 

Section  1.  That  Section  five  (5)  of  Ordinance  123, 
•entitled  “An  Ordinance  granting  to  John  O.  Dunbar,  his 
successors  and  assigns,  a franchise  to  construct  an  electric 
street  railway  system,  and  a system  of  electric  lights  and 
power  in  the  City  of  Phoenix,”  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows: 

This  franchise  for  a street  railway  is  granted  on  the 
express  condition  that  said  John  O.  Dunbar,  his  suc- 
cessors or  assigns,  shall  have  constructed  within  one  year 
from  the  time  Ordinance  No.  123  went  into  effect  a 
single  or  double  track  of  electric  street  railway  line,  over 
the  entire  length  of  Washington  street,  and  the  said  John 
O.  Dunbar,  his  successors  and  assigns,  agree  to  extend 
said  street  railway  line  over  other  streets  in  the  said  City 
of  Phoenix.  They  shall  construct  one  and  one-half  miles 
the  first  year,  one  and  one-half  miles  the  third  year,  and 
there  shall  be  constructed  and  in  operation  five  (5)  miles 
within  four  (4)  years  from  the  date  of  the  passage  of 
said  Ordinance  No.  123,  but  the  conditions  herein  re- 
quired shall  include  the  line  to  be  built  on  Washington 
street. 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 


372 


City  Ordinances 


Sec.  3.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  30th  day  of  July,  1894. 

Approved  this  30th  day  of  July,  A.  D.  1894. 

J.  D.  MONIHON, 

Attest : Mayor. 

ED.  SCHWARTZ,  City  Recorder. 


ORDINANCE  NO.  189. 

An  Ordinance  in  relation  to  a telegraph  system  in  and 

for  the  City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

That  the  Santa  Fe,  Prescott  and  Phoenix  Railway 
Company,  its  successors,  grantees  and  assigns,  are  hereby 
granted  the  right  of  way  through,  in  and  upon  the  streets, 
alleys,  sidewalks  and  public  grounds  of  the  City  of  Phoe- 
nix, Maricopa  County,  Arizona,  both  upon  the  surface 
and  underground  therein,  for  the  purpose  therein,  and 
thereon  to  erect,  place,  maintain  and  use,  all  the  neces- 
sary poles  or  posts,  pipes  and  conduits  of  wood  or  iron, 
or  other  suitable  material,  and  for  the  purpose  of  laying 
and  placing  therein  or  thereon  the  necessary  wires  and 
fixtures  to  successfully  operate  and  use  a telegraph  sys- 
tem or  lines  within  said  City  of  Phoenix.  Provided,  that 
the  erection  and  maintenance  of  said  poles,  pipes,  conduits, 
wires  and  fixtures  shall  be  subject  to  the  regulations  of 
the  Common  Council  of  the  City  of  Phoenix. 

Sec.  2.  That  at  any  time  hereafter,  when  the  public 
need  shall  require  it  or  business  justify  it,  the  said  Santa 
Fe,  Prescott  & Phoenix  Railway  Company,  its  successors, 
grantees  and  assigns,  shall  have  the  privilege  under  this 
Ordinance  to  extend  said  telegraph  system  service  in  any 
direction  throughout  the  city,  or  in  any  addition  that 
may  hereafter  be  added  to  the  city;  or  in  any  addition 
that  may  hereafter  be  added  to  the  City  of  Phoenix,  or 
become  a part  of  the  corporate  limits  thereof ; and  the 
privileges  hereby  granted  to  the  Santa  Fe,  Prescott  & 
Phoenix  Railway  Company,  its  successors,  grantees  and 
assigns,  within  said  corporate  limits,  are  hereby  extended 
and  made  to  cover  said  additions. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publication 
according  to  law,  and  shall  continue  in  force  for  the 
period  of  twenty-five  (25)  years  from  the  first  day  of 
April,  A.  D.  1895. 

Provided,  however,  that  said  telegraph  lines  shall  be 
in  operation  on  or  before  the  first  day  of  May,  A.  D. 
1895,  and  if  not  in  operation  by  said  time  the  privilege 
here  granted  shall  be  forfeited  to  the  City  of  Phoenix. 

Passed  by  the  Common  Council  of  Phoenix  this  20th 
day  of  February,  A.  D.  1895. 

Approved  this  20th  day  of  February,  A.  D.  1895. 

J.  D.  MONIHON, 

Attest : Mayor. 

ED.  SCHWARTZ,  City  Recorder. 


City  of  Phoenix 


373 


ORDINANCE  NO.  220. 

Granting  to  the  Western  Union  Telegraph  Company  the 
right  to  place  and  maintain  its  poles  and  lines  in  the 
streets,  alleys  and  public  ways  of  the  City  of  Phoenix, 
in  the  Territory  of  Arizona,  on  the  terms  and  con- 
ditions herein  stated. 

The  Common  Council  of  Phoenix  do  ordain: 

Section  1.  That  the  Western  Union  Telegraph  Com- 
pany, its  successors  and  assigns,  are  hereby  granted  the 
right  to  erect  and  maintain  on  the  streets,  alleys  and 
public  ways  of  said  city  for  a period  of  twenty-five  years 
from  the  date  hereof,  all  poles  and  fixtures  and  wires 
necessary  for  the  purpose  of  supplying  the  citizens  of 
said  city  and  the  public,  communication  by  telegraph  or 
other  improved  electrical  device,  such  use  to  be  and  con- 
tinue upon  the  terms  and  conditions  hereinafter  stated. 

Sec.  2.  The  location  of  all  poles  and  lines  hereafter 
to  be  erected,  and  any  change  in  the  location  of  the  poles 
and  lines  now  in  use  or  extensions  thereof  shall  be  under 
the  direction  and  control  of  the  Council  of  said  city. 

Sec.  3.  Said  poles  and  wires  shall  be  placed  and 
maintained  so  as  not  to  interfere  with  travel  on  said  high- 
ways, and  said  company  shall  hold  said  city  free  and 
harmless  from  all  damages  arising  by  reason  of  any  abuse 
of  said  occupancy.  This  grant  is  made  and  is  to  be  en- 
joyed, subject  to  such  regulations  and  Ordinances  of  a 
police  nature,  as  said  Council  of  said  city  is  authorized 
and  sees  proper  at  any  time  to  adopt,  not  destructive  to 
the  rights  herein  granted. 

Sec.  4.  The  right  of  use  herein  given  shall  not  be 
exclusive,  and  the  Council  of  said  city  reserves  the  power 
to  grant  a like  right  of  way  to  any  other  telegraph  com- 
pany, the  same,  however,  not  to  interfere  with  the  reason- 
able and  proper  exercise  of  the  privileges  herein  granted. 

Sec.  5.  In  consideration  whereof,  said  Western 
Union  Telegraph  Company  shall,  and  by  the  acceptance 
of  this  Ordinance  does,  agree  to  allow  the  Council  of  said 
city  to  attach  at  any  time  to  the  top  cross  arm  of  any  of 
said  poles,  free  of  rental  or  charge  therefor,  the  city  fire 
alarm  and  police  wires,  and  said  poles  are  hereby  made  a 
municipal  instrumentality  for  that  purpose,  provided,  how- 
ever, said  attachment  shall  be  so  made  and  maintained 
under  the  direction  of  said  company’s  manager  in  said 
City  of  Phoenix,  and  that  in  addition  said  company  shall 
and  will  furnish  for  the  said  city  the  use  of  its  poles  for 
the  attachment  thereto  of  its  fire  alarm  boxes,  without 
charge  to  said  city. 

Sec.  6.  That  whenever  said  company,  its  successors 
or  assigns,  ceases  to  operate  a telegraph  line  in  said  City 
of  Phoenix  and  ceases  to  use  the  said  poles  and  lines 
herein  provided  for  in  operation  of  its  line  of  telegraph, 
then  said  company  shall  remove  said  lines  and  poles  from 
the  streets  and  alleys  of  said  city  within  sixty  (60)  days 
from  date  that  said  company  so  ceases  to  use  and  op- 
erate said  lines. 


374 


City  Ordinances 


Sec.  7.  No  assignment  of  this  Ordinance  shall  be 
made  by  the  grantee  herein  except  by  and  with  the  per- 
mission of  the  Common  Council,  as  provided  in  Ordi- 
nance 207. 

Sec.  8.  This  Ordinance  to  be  in  force  and  effect 
from  and  after  its  passage,  publication  as  required  by  law, 
and  filing  with  the  Recorder  of  said  city  an  unconditional 
acceptance  of  the  conditions  herein  contained.  The  cost 
of  publishing  this  Ordinance  to  be  paid  by  the  grantee. 

Passed  by  the  Common  Council  of  Phoenix  and  ap- 
proved this  9th  day  of  April,  1896. 

R.  ALLYN  LEWIS, 

Attest:  Mayor  Pro  Tern. 

T.  A.  JOBS,  City  Recorder. 


ORDINANCE  NO.  228. 

An  Ordinance  granting  unto  L.  D.  Copeland  the  right  to 
construct,  operate  and  maintain  an  ammonia  and 
compressed  air  plant  in  the  City  of  Phoenix,  County 
of  Maricopa,  Territory  of  Arizona. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  That  L.  D.  Copeland,  his  successors  or 
assigns,  are  hereby  granted  the  right  and  privilege  to 
construct,  operate  and  maintain  an  ammonia  and  com- 
pressed air  plant  in  the  City  of  Phoenix;  to  lay  pipes  or 
conduits  in  any  of  the  streets,  avenues,  alleys,  bridges  or 
public  grounds  of  the  City  of  Phoenix  as  are  now  or  that 
may  hereafter  be,  laid  out,  for  the  purpose  of  conducting 
ammonia  and  compressed  air  for  motor  power  and  for 
cooling  and  ventilating  and  other  purposes,  and  furnishing 
same  to  the  inhabitants  of  said  city,  and  for  this  purpose 
may  enter  upon  any  street,  avenue,  alley,. bridge  or  public 
grounds  to  take  up  any  pavement  or  sidewalk  thereon  and 
make  such  excavations  as  may  be  necessary  for  the  laying 
of  such  pipes  or  conduits  and  the  necessary  connections 
thereto;  provided,  that  such  use  of  such  grounds,  streets 
and  alleys  be  made  with  the  least  practicable  incon- 
venience to  the  public,  and  that  such  sidewalks,  pavements 
and  excavations  be  replaced  at  the  expense  of  the  grantee 
or  his  assigns  in  as  good  condition  as  before  and  with 
the  least  practicable  delay;  provided  further,  that  no 
pipes  can  be  laid  or  excavations  made  in  or  upon  any 
paved  street  in  the  city  without  first  having  obtained 
permission  of  the  Common  Council  of  said  city. 

Sec.  2.  Said  L.  D.  Copeland,  his  successors  or  as- 
signs, shall  at  all  reasonable  hours  have  access  to  any  of 
said  pipes  or  connections  to  repair  or  remove  the  same, 
and  shall  have  the  right  to  enter  into  a contract  or  agree- 
ment with  patrons  as  to  rules  and  regulations  and  con- 
sideration for  the  use  of  and  for  the  furnishing  of  said 
ammonia  and  compressed  air  for  motor  and  other  pur- 
poses; provided,  however,  that  no  rate  for  the  use  of  and 
furnishing  of  said  ammonia  and  compressed  air  shall  be 
excessive. 


City  of  Phoenix 


375 


Sec.  3.  All  pipes  laid  by  the  grantee  or  his  assigns 
under  this  franchise  shall  be  laid  to  a sufficient  depth 
under  ground  as  not  to  interfere  with  any  public  improve- 
ments, and  lowered  or  raised  as  demand  may  require  in 
hereafter  making  public  improvements  where  said  pipes 
may  interfere. 

Sec.  4.  The  rights  and  privileges  herein  granted 
shall  continue  for  the  term  of  twenty-five  (25)  years 
after  the  passage  of  this  Ordinance,  and  the  work  in  the 
construction  of  said  plant  and  the  laying  of  pipes  shall 
be  commenced  forthwith  and  continued  with  reasonable 
diligence  until  said  plant  shall  have  been  fully  completed. 

Sec.  5.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  as  re- 
quired by  law.  Said  publication  to  be  made  within  ten 
days  from  the  passage  hereof  at  the  expense  of  said 
grantee  in  the  official  paper  of  the  City  of  Phoenix,  and 
any  failure  to  publish  as  herein  required  shall  forfeit  this 
franchise.  No  assignment  hereof  to  be  valid  except  as 
provided  in  Ordinance  207. 

Sec.  6.  Amended  by  Ordinance  No.  329. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  13th  day  of  August,  1896. 

Approved  this  13th  day  of  August,  1896. 

JAMES  D.  MONIHON, 

Attest:  Mayor. 

T.  A.  JOBS,  City  Recorder. 


ORDINANCE  NO.  238. 

An  Ordinance  authorizing  the  Phoenix  Light  and  Fuel 
Company,  its  successors  or  assigns,  to  construct,  op- 
erate and  maintain  gas  works  in  the  City  of  Phoenix, 
Maricopa  County,  Arizona  Territory. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  That  the  Phoenix  Light  and  Fuel  Com- 
pany, its  successors  or  assigns,  is  hereby  authorized,  sub- 
ject to  the  limitations  herein  or  by  law  provided,  to  con- 
struct, operate  and  maintain  gas  works  in  the  City  of 
Phoenix,  Maricopa  County,  Arizona,  to  lay  pipes  for  the 
carrying,  distribution  of  gas  in  any  street,  avenues,  alleys, 
lanes,  bridges  or  public  grounds  of  the  City  of  Phoenix 
which  are  now  or  may  hereafter  be  laid  out,  with  all 
the  necessary  and  proper  buildings,  conduits,  machinery 
and  attachments  thereto  to  supply  the  City  of  Phoenix 
and  the  inhabitants  thereof  with  gas  for  lighting  and 
heating  and  for  generation  of  power,  and  for  these  pur- 
poses and  any  other  upon  any  of  the  streets,  alleys,  lanes, 
bridges  or  public  grounds  under  the  control  of  the  City  of 
Phoenix,  to  take  up  any  pavements  or  sidewalks  therein 
and  make  such  excavations  as  may  be  necessary  for  the 
laying  of  such  pipe  and  the  attachments;  provided,  that 
such  uses  of  such  ground  be  made  with  the  least  prac- 
ticable inconvenience  to  the  inhabitants  of  said  city;  that 
such  excavations  be  guarded  by  barricade  whenever  neces- 


City  Ordinances 


376 

sary  and  a light  by  night,  and  said  sidewalk,  pavements 
or  excavation  be  replaced  by  and  at  the  expense  of  the 
grantee  or  its  assigns  in  as  good  condition  as  before  and 
with  the  least  practicable  delay. 

Sec.  2.  It  is  expressly  understood  that  said  Phoenix 
Light  and  Fuel  Company  shall  commence  the  construction 
of  a gas  plant  within  said  city  within  six  months  from  the 
passage  of  this  Ordinance  and  shall  complete  the  same 
within  one  year  thereafter,  and  that  not  less  than  three 
miles  of  mains  shall  be  laid  within  one  year  from  the 
granting  of  this  franchise,  and  thereafter  and  within 
thirty  days  shall  file  in  the  office  of  the  City  Recorder 
a plat  of  said  mains  as  laid  showing  location  and  position 
thereof  and  that  no  charge  shall  be  made  for  tapping  any 
main  in  excess  of  eight  dollars  for  each  tap;  conditioned 
that  the  person  or  persons  so  paying  said  charge  for  tap- 
ping shall  be  allowed  the  cost  of  said  tapping  in  gas  at 
current  rates. 

Sec.  3.  That  for  and  in  consideration  of  the  grant- 
ing of  this  franchise  to  the  Phoenix  Light  and  Fuel  Com- 
pany by  said  City  of  Phoenix  for  the  purpose  of  running, 
operating,  maintaining  and  furnishing  gas  to  its  cus- 
tomers, the  said  Phoenix  Light  and  Fuel  Company,  its 
successors  and  assigns,  shall  furnish  and  deliver  to  the 
City  of  Phoenix  without  charge,  two  thousand  feet  of  gas 
per  month  during  the  continuance  of  said  franchise;  pro- 
vided, however,  that  in  case  said  city  shall  not  use  the  said 
two  thousand  feet  of  gas  in  any  month,  then  and  in  that 
event  said  city  shall  have  the  right  to  use  the  same  in 
the  next  succeeding  or  any  other  month,  but  in  no  event 
shall  the  Phoenix  Light  and  Fuel  Company  be  required 
under  this  provision  to  furnish  said  city  more  than  four 
thousand  feet  of  gas  in  any  one  month,  or  to  exceed 
twenty-four  thousand  feet  in  any  one  year. 

Sec.  4.  This  franchise  is  granted  to  the  Phoenix 
Light  and  Fuel  Company  upon  the  express  condition  that 
the  Phoenix  Light  and  Fuel  Company,  its  successors  and 
assigns,  shall  in  no  event  charge  the  consumers  of  gas  in 
the  City  of  Phoenix  and  its  additions  to  exceed  the  sum 
of  four  dollars  per  1,000  feet. 

Sec.  5.  The  privileges  hereby  granted  to  the  Phoe- 
nix Light  and  Fuel  Company  shall  inure  to  the  benefit 
of  said  Phoenix  Light  and  Fuel  Company,  its  successors 
and  assigns,  for  the  period  of  fifty  years  from  and  after 
the  passage  of  this  Ordinance,  conditioned  that  no  as- 
signment or  transfer  of  this  franchise  shall  be  made  ex- 
cept as  provided  in  Ordinance  207. 

Sec.  6.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication,  and  the 
Phoenix  Light  and  Fuel  Company  shall  pay  the  expense 
of  publishing  the  same.  Acceptance  hereof  to  be  filed  in 
writing  within  thirty  days. 

Passed  by  the  Common  Council,  this  2nd  day  of 
March,  1897. 

Approved  this  2nd  day  of  March,  1897. 

J.  D.  MONIHON, 

Attest:  Mayor. 

T.  A.  JOBS,  City  Recorder. 


City  of  Phoenix 


ORDINANCE  NO.  281. 

An  Ordinance  granting  to  Albert  S.  Arthur,  his  asso- 
ciates, successors  and  assigns,  the  right  and  fran- 
chise to  erect  suitable  boards  for  advertising  and  bill 
posting. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows : 

Section  1.  That  authority  and  privilege  for  the  term 
of  twenty-five  years  is  hereby . given  and  granted  to  Al- 
bert S.  Arthur,  his  associates,  successors  and  assigns,  the 
right  to  erect  inside  of  the  sidewalks  of  the  streets  of 
the  City  of  Phoenix  at  such  points  only  as  may  be  sanc- 
tioned by  the  Common  Council  of  the  City  of  Phoenix, 
suitable  boards  for  advertising  and  bill  posting. 

Sec.  2.  That  Albert  S.  Arthur  and  his  associates, 
successors  and  assigns,  shall  have  the  privilege  and  right 
to  erect  in  said  city  a system  of  bill  and  advertising 
boards  in  the  alleys  and  vacant  lots  of  said  city  during 
the  period  heretofore  mentioned.  Provided,  said  bill  and 
sign  boards  do  not  obstruct  the  free  use  by  the  public 
of  the  alleys  of  said  city,  and  provided,  permission  is 
obtained  of  the  owners  of  any  vacant  lots  to  erect  said 
bill  and  sign  boards  before  the  same  are  erected ; provided 
further,  that  such  bill  and  sign  boards  shall  be  subject 
to  removal  by  the  City  Council  at  any  time. 

This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage,  approval  and  publication. 

Passed  by  the  Common  Council  this  6th  day  of  Feb- 
ruary, 1899. 

Approved  this  6th  day  of  February,  1899. 

C.  J.  DYER, 

Attest:  Mayor. 

T.  J.  PRESCOTT,  Acting  City  Recorder. 


ORDINANCE  NO.  326. 

An  Ordinance  consenting  that  the  Phoenix  Light  and  Fuel 
Company,  the  assigns  of  the  rights  of  Hutchlon 
Ohnick  under  Ordinance  Number  53  of  the  City  of 
Phoenix,  may  use  and  operate  an  electric  light  sys- 
tem in  the  City  of  Phoenix  under  the  provisions  and 
during  the  life  of  said  Ordinance  Number  53;  and 
granting  to  the  Phoenix  Light  and  Fuel  Company  and 
its  assigns  the  right,  privilege  and  franchise  to  use, 
operate  and  maintain  an  electric  power  plant  in  he 
City  of  Phoenix. 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  Consent  is  hereby  given  by  the  Common 
Council  of  the  City  of  Phoenix,  under  the  provisions  of 
Ordinance  Number  53,  to  the  Phoenix  Light  and  Fuel 
Company  and  all  succeeding  assigns  of  the  rig;hts  of 
Hutchlon  Ohnich  under  and  by  virtue  of  Ordinance  Num- 
ber 53  of  the  City  of  Phoenix,  to  use,  operate  and  main- 
tain an  electric  light  plant  in  said  City  of  Phoenix  for 


378 


City  Ordinances 


the  purpose  of  furnishing  light  to  the  City  of  Phoenix 
and  its  residents  under  the  provisions,  and  during  the 
life  of  the  franchise  granted  by  the  Common  Council  of 
the  City  of  Phoenix  to  said  Hutchlon  Ohnich  and  his  as- 
signs by  said  Ordinance  Number  53. 

It  being  the  purpose  of  this  section  that  the  Common 
Council  of  the  City  of  Phoenix  give  their  full  and  free 
consent  that  said  assigns  may  operate  and  maintain  an 
electric  light  plant  and  may  erect,  place,  operate  and 
maintain  the  necessary  buildings,  poles,  wires,  etc.,  etc., 
throughout  the  City  of  Phoenix,  for  the  operation  of  such 
plant,  subject  to  the  privilege  and  limitations  of  said 
Ordinance  Number  53. 

Sec.  2.  There  is  hereby  granted  to  the  Phoenix 
Light  and  Fuel  Company  and  its  assigns  the  full  privilege 
and  right  to  erect,  operate  and  maintain  an  electric  power 
plant  in  the  City  of  Phoenix  for  the  purpose  of  furnishing 
commercial  electric  power  to  the  City  of  Phoenix  and  its 
residents.  The  electric  power  to  be  either  generated  in 
the  City  of  Phoenix  or  outside  of  said  city.  Said  power 
plant  to  be  operated  in  connection  with  the  rights,  priv- 
ileges and  franchises  granted  under  Ordinance  Number 
53  of  the  City  of  Phoenix  and  Section  Number  1 of  this 
Ordinance.  Giving  full  power  and  privilege  to  erect,  place 
and  maintain  the  necessary  poles,  wires,  buildings,  etc., 
etc. ; necessary  to  the  full  use,  operation  and  maintenance 
of  a fully  equipped  electric  power  plant.  The  rights, 
privileges  and  franchises  granted  under  this  Ordinance  to 
terminate  with  the  rights,  privileges  and  franchises  grant- 
ed under  Ordinance  Number  53  of  the  City  of  Phoenix. 

Sec.  3.  This  Ordinance  or  franchise  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  legal 
publication,  the  cost  of  such  publication  to  be  paid  by  the 
Phoenix  Light  & Fuel  Company. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  26th  day  of  September,  1901. 

Approved  this  26th  day  of  September,  1901. 

WALTER  TALBOT, 

Attest : Mayor. 

T.  A.  JOBS,  City  Recorder. 


ORDINANCE  NO.  329. 

An  Ordinance  to  amend  Section  6 of  Ordinance  228,  en- 
titled “An  Ordinance  granting  unto  L.  D.  Copeland 
the  right  to  construct,  operate  and  maintain  an 
ammonia  and  compressed  air  plant  in  the  City  of 
Phoenix,  County  of  Maricopa,  Territory  of  Arizona/’ 
The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  That  Section  6 of  Ordinance  No.  228, 
entitled  “An  Ordinance  granting  unto  L.  D.  Copeland  the 
right  to  construct,  operate  and  maintain  an  ammonia  and 
compressed  air  plant  in  the  City  of  Phoenix,  County  of 
Maricopa,  Territory  of  Arizona,”  be  and  the  same  is 
hereby  amended  to  read  as  follows: 


City  of  Phoenix 


379 


That  from  and  after  the  expiration  of  fifteen  (15) 
years  the  said  grantee  herein  or  his  assigns  shall  pay  into 
the  City  Treasury  IV2  per  cent  per  annum  of  the  gross 
annual  receipts  earned  by  said  plant,  said  percentage  of 
gross  receipts  to  be  paid  monthly,  and  any  failure  to  pay 
said  per  cent  shall  work  a forfeiture  of  this  franchise. 

Sec.  2.  This  Ordinance  shall  take  effect  from  and 
after  its  passage  and  publication  as  by  law  required. 

Sec.  3.  The  cost  of  publication  of  this  Ordinance 
shall  be  borne  and  paid  by  the  said  L.  D.  Copeland  or  his 
assigns. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  6th  day  of  January,  1902. 

Approved  this  6th  day  of  January,  1902. 

WALTER  TALBOT, 

Attest:  Mayor. 

T.  A.  JOBS,  City  Recorder. 


ORDINANCE  NO.  338. 

Be  it  ordained  by  the  Common  Council  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  the  Phoenix  & Eastern  Railroad 
Company,  a corporation  existing  under  the  laws  of  the 
Territory  of  Arizona,  and  its  successors,  grantees  and 
assigns,  be  and  the  same  are  hereby  given  the  right,  priv- 
ilege and  franchise  to  construct,  maintain  and  operate  in 
and  along  Jackson  street,  in  the  City  of  Phoenix,  from 
Central  avenue  to  the  east  limits  of  the  City  of  Phoenix, 
a line  of  telegraph,  including  all  necessary  poles,  cross- 
arms,  wires,  connections  and  appurtenances. 

Sec.  2.  That  the  right,  privilege  and  franchise 
granted  by  Section  1 of  this  Ordinance  shall  continue  for 
a term  of  fifty  years  from  the  day  of  its  passage. 

Sec.  3.  That  the  Phoenix  & Eastern  Railroad  Com- 
pany, its  successors,  grantees  and  assigns,  shall  construct 
and  at  all  times  maintain  said  line  of  telegraph  in  a first- 
class  manner  and  so  as  not  unnecessarily  to  impede  or 
interfere  with  the  use  of  said  Jackson  street  by  the 
public. 

Sec.  4.  That  the  grantee  of  this  franchise  shall 
pay  for  the  cost  of  publication  of  the  same. 

Passed  by  the  Common  Council  of  the  City  of  Phoenix 
this  2nd  day  of  February,  1903. 

Approved  this  2nd  day  of  February,  1903. 

WALTER  TALBOT, 

Attest:  Mayor. 

T.  A.  JOBS,  City  Recorder. 


ORDINANCE  NO.  370. 

Granting  to  the  Maricopa  & Phoenix  & Salt  River  Valley 
Railroad  Company,  its  successors  and  assigns,  the 
right,  privilege  and  authority  to  lay,  construct  and 
maintain  railroad  track  and  operate  a railroad  on 
and  across  certain  streets  in  the  City  of  Phoenix. 


380 


City  Ordinances 


The  Common  Council  of  the  City  of  Phoenix  do  or- 
dain as  follows: 

Section  1.  That  the  Maricopa  & Phoenix  & Salt 
River  Valley  Railroad  Company,  a corporation,  its  suc- 
cessors and  assigns,  be  and  are  hereby  granted  authority 
to  lay,  construct  and  maintain  and  operate  railroad 
tracks  over  the  streets  in  the  City  of  Phoenix  as  are 
named  in  the  following  description  of  the  center  line  of 
said  proposed  tracks. 

First:  Beginning  at  a point  in  the  center  line  of  the 

main  line  track  of  the  Maricopa  & Phoenix  & Salt  River 
Valley  Railroad  (14  6-10  ft.)  fourteen  and  six-tenths  feet 
east  of  the  east  line  of  Seventh  (7th)  street  and . two 
hundred  and  thirty-nine  and  seventy-five  one  hundredths 
feet  (239  75-100  ft)  south  of  the  south  line  of  that  por- 
tion of  Jackson  street  east  of  Seventh  street;  thence  from 
said  point  of  beginning  westerly  by  a curve  to  the  left, 
of  seven  hundred  and  sixty-four  and  five-tenths  feet 
(764  5-10  ft)  radius,  a distance  of  fourteen  and  six- 
tenths  (14  6-10)  feet  to  a point  on  the  east  side  of  said 
Seventh  (7th)  street,  two  hundred  and  thirty-nine  and 
nine-tenths  (239  9-10)  feet  south  from  the  southeast 
comer  of  said  Seventh  (7th)  street  and  Jackson  street; 
thence  on  a continuation  of  said  curve,  crossing  said 
Seventh  (7th)  street,  a distance  of  sixty-three  (63)  feet, 
to  a point  on  the  west  line  of  said  street  two  hundred 
and  sixty-seven  and  seven-tenths  (267  7-10)  feet  south 
from  the  southwest  corner  of  said  Seventh  (7th)  and 
Jackson  streets;  thence  on  a continuation  of  said  curve 
and  over  private  right-of-way  a distance  of  seven  and 
three-tenths  (7  3-10)  feet  to  a point;  thence  southwest- 
erly by  a line  tangent  to  said  curve  and  over  private 
right  of  way,  a distance  of  ten  (10)  feet  to  a point; 
thence  southwesterly,  by  a curve  to  the  left  of  three 
hundred  and  fifty-nine  and  three-tenths  (359  3-10)  feet 
radius,  intersecting  the  east  line  of  Sixth  (6th)  street  to 
a point  approximately  two  hundred  and  thirty-six  (236) 
feet  north  from  the  northeast  corner  of  said  Sixth  (6th) 
street  and  Buchanan  street;  thence  on  a continuation  of 
the  last  mentioned  curve,  crossing  said  Sixth  (6th)  street 
and  intersecting  the  west  line  of  same  at  a point  approx- 
imately one  hundred  and  ten  (110)  feet  north  from  the 
northwest  corner  of  said  Sixth  (6th)  and  Buchanan 
streets;  thence  on  a continuation  of  the  last  mentioned 
curve  and  over  private  right-of-way  ninety  (90)  feet  to 
a point;  thence  southerly  by  a line  tangent  to  the  last 
mentioned  curve  and  over  private  right-of-way,  ten  (.10) 
feet  to  a point;  thence  southerly  by  a curve  to  the  left  of 
seven  hundred  and  sixty-four  and  five-tenths  (764  5-10) 
feet  radius,  and  over  private  right-of-way  twelve  (12) 
feet  to  an  intersection  of  the  north  line  of  said  Buchanan 
street  at  a point  twenty-one  and  five-tenths  (21  5-10) 
feet  west  from  the  northwest  corner  of  said  Sixth  (6th) 
and  Buchanan  streets;  thence  south  on  a line  parallel  to 
and  twenty-five  feet  distant  west  from  the  west  line  of 
said  Sixth  street  and  over  private  right-of-way,  a distance 


City  of  Phoenix 


381 


of  two  hundred  and  ninety-seven  and  eight-tenths 
(297  8-10)  feet  to  the  terminus  of  the  proposed  track. 

Second:  Beginning  at  a point  in  the  center  line  of 

the  main  track  of  the  Maricopa  & Phoenix  & Salt  River 
Valley  Railroad,  a distance  of  fifty-seven  and  five-tenths 
feet  (57  5-10)  west  from  the  west  line  of  Fifth  (5th) 
street;  thence  from  said  point  of  beginning  southeasterly 
by  a curve  to  the  right  of  seven  hundred  and  sixty-four 
and  five-tenths  feet  (764  5-10)  radius,  a distance  of  fifty- 
seven  and  five-tenths  (57  5-10)  feet  to  an  intersection 
of  west  line  of  said  Fifth  (5th)  street  at  a point  one 
hundred  and  fifty-two  and  one-tenth  feet  (152  1-10) 

south  from  the  southwest  corner  of  Fifth  and  Jackson 
streets;  thence  southeasterly  by  a continuation  of  said 
curve,  a distance  of  twenty-seven  and  four-tenths  feet 
(27  4-10)  to  a point  in  said  Fifth  street;  thence  south- 
easterly by  a line  tangent  to  said  curve,  a distance  of 
ten  feet  (10)  to  a point  in  said  Fifth  (5th)  street;  thence 
southeasterly  by  a curve  to  the  right  of  three  hundred 
and  fifty-nine  and  three-tenths  (359  3-10)  feet  radius, 
a distance  of  forty-three  (43)  feet  to  an  intersection  of 
the  east  line  of  said  Fifth  street  at  a point  one  hundred 
and  sixty-three  and  one-tenth  (163  1-10)  feet  distant 
south  from  the  southeast  corner  of  said  Fifth  and  Jack- 
son  streets;  thence  southeasterly  by  a continuation  of  said 
last  mentioned  curve  and  over  private  right-of-way  four 
hundred  and  seventy-nine  and  eight-tenths  feet  (479  8-10) 
to  a point;  thence  by  a line  tangent  to  the  last  men- 
tioned curve,  a line  parallel  to  and  twenty-five  feet  dis- 
tant west  from  the  west  line  of  said  Sixth  street,  a dis- 
tance of  ninety-six  and  eight-tenths  (96  8-10)  feet  to  an 
intersection  with  the  north  line  of  Buchanan  street  at  a 
point  twenty-six  (26)  feet  west  from  the  northwest 
corner  of  said  Buchanan  street  and  Sixth  street;  thence 
south,  a continuation  of  the  last  mentioned  tangent  and 
crossing  said  Buchanan  street,  a distance  of  sixty  (60) 
feet  to  an  intersection  of  the  south  line  of  said  Buchanan 
street  at  a point  twenty-five  (25)  feet  distant  west  from 
the  southwest  corner  of  said  Buchanan  and  Sixth  streets, 
and  to  a conjunction  with  the  line  first  above  described. 

Sec.  2.  All  of  the  street  crossings  named  in  the 

above  description  shall  be  kept  and  maintained  by  said 
Railroad  Company  so  as  to  conform  to  the  official  grade 
of  said  streets  as  established  by  the  said  City  of  Phoenix, 
and  all  said  crossings  shall  be  kept  in  such  repair  by  said 
Railroad  Company  so  that  there  never  will  be  any  inter- 
ference with  or  obstruction  to  the  public  traffic  over  said 
railroad  tracks. 

Sec.  3.  No  locomotive  or  car  shall  be  allowed  to 

stand  on  said  crossings  longer  than  a period  of  ten  min- 
utes except  in  case  of  unavoidable  accident. 

Sec.  4.  All  the  switches  used  in  connection  with 
the  construction  and  operation  of  said  tracks  shall  be  so 
located  that  all  movable  parts  and  frogs  shall  not  fall 

between  the  curb  lines  of  said  street  crossings. 

Sec.  5.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  approval  and  publica- 


382 


City  Ordinances 


tion  according  to  law,  the  cost  of  publication  to  be  paid 
by  grantee  herein. 

Sec.  6.  The  city  reserves  the  right  to  grant  any 
other  Railroad  Company  a right-of-way  through  any  of 
the  streets  crossed  by  this  Y and  over  any  tracks  of  the 
said  Y whether  they  be  on  the  streets  of  the  city  or  on 
private  property. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  22nd  day  of  July,  1905. 

Approved  this  22nd  day  of  July,  1905. 

F.  B.  MOSS, 

Attest : Acting  Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  429. 

An  Ordinance  granting  E.  S.  Wakelin,  Dwight  B.  Heard 
and  John  W.  Foss  a franchise  to  install  and  operate 
a telephone  system  and  exchange  in  the  City  of 
Phoenix. 

The  Common  Council  of  the  City  of  Phoenix,  Ari- 
zona, do  ordain  as  follows: 

Section  1.  That  E.  S.  Wakelin,  Dwight  B.  Heard 
and  John  W.  Foss,  and  their  assigns,  are  hereby  granted 
the  right  of  way  through,  under,  in  and  upon  the  streets, 
sidewalks,  alleys,  ways  and  public  grounds  of  the  City  of 
Phoenix,  Arizona,  for  the  purpose  therein  and  thereon  to 
erect,  maintain  and  use  all  the  necessary  poles,  posts  of 
iron  or  wood,  underground  conduits,  or  other  suitable 
materials,  and  the  necessary  wires  and  fixtures  to  suc- 
cessfully install,  operate,  maintain  and  use  a system  of 
telephone  and  a telephone  exchange  within  the  said  City 
of  Phoenix;  provided,  that  the  erection  and  maintenance 
of  said  poles,  wires  and  fixtures  shall  be  subject  to  the 
regulation  of  the  Common  Council  of  the  said  City  of 
Phoenix,  and  that  the  said  City  of  Phoenix  shall  at  all 
times  have  the  privilege  of  using  said  poles  or  under- 
ground conduits  for  the  purpose  of  the  Phoenix  Fire 
Department  and  the  Phoenix  Police  Department,  and  that 
wires  for  said  purposes  shall  be  carried  on  said  poles  and 
in  said  underground  conduits  by  the  said  E.  S.  Wakglin, 
Dwight  B.  Heard  and  John  W.  Foss,  and  their  assigns, 
without  charge  to  the  City  of  Phoenix,  and  in  such  posi- 
tion upon  said  poles  and  in  said  conduits  as  the  Common 
Council  of  the  City  of  Phoenix  may  from  time  to  time 
require  or  direct. 

Sec.  2.  That  at  any  time  hereafter,  when  the  public 
needs  may  require  or  business  justify  it,  the  said  E.  S. 
Wakelin,  Dwight  B.  Heard  and  John  W.  Foss,  and  their 
assigns,  shall  have  the  privilege  under  this  Ordinance  of 
extending  said  telephone  system  in  any  direction  through- 
out the  city,  or  in  any  addition  that  may  hereafter  be 
made  to  or  become  a part  of  the  corporate  limits  of  said 
City  of  Phoenix,  and  the  privilege  hereby  granted  to  the 
said  E.  S.  Wakelin,  Dwight  B.  Heard  and  John  W.  Foss 


City  of  Phoenix 


383 


and  their  assigns,  within  said  corporate  limits,  are  hereby 
extended  to  and  made  to  include  said  additions. 

Sec.  3.  The  rights  and  privileges  hereby  granted  to 
the  said  E.  S.  Wakelin,  Dwight  B.  Heard  and  John  W. 
Foss,  and  their  assigns,  shall  vest  in  them,  and  their  as- 
signs, immediately  upon  the  passage  of  this  Ordinance  and 
shall  continue  for  a period  of  twenty-five  years  from  the 
date  of  its  final  passage;  provided,  however,  that  the  said 
E.  S.  Wakelin,  Dwight  B.  Heard  and  John  W.  Foss,  and 
their  assigns,  shall  have  commenced  in  a business-like 
manner  the  work  upon  and  construction  of  said  telephone 
system  on  or  before  ninety  days  from  the  final  passage 
of  this  Ordinance,  and  shall  have  completed  and  in  opera- 
tion said  telephone  system  and  exchange  with  the  said 
City  of  Phoenix  on  or  before  nine  months  from  the  final 
passage  of  this  Ordinance;  provided,  further,  that  said  E. 
S.  Wakelin,  Dwight  B.  Heard  and  John  W.  Foss,  and  their 
assigns,  are  not  hindered  from  so  doing  by  means  or 
agencies  not  in  their  power  or  control;  and  provided 
further,  that  said  Common  Council  may  extend  the  said 
time  of  either  commencement  or  completion  of  said  sys- 
tem whenever  in  its  discretion  it  may  deem  advisable. 

Sec.  4.  That  the  said  E.  S.  Wakelin,  Dwight  B. 
Heard  and  John  W.  Foss,  and  their  assigns,  shall  furnish 
the  citizens  of  Phoenix,  inside  of  the  corporate  limits 
of  said  city,  residence  telephones  at  a rental  not  to 
exceed  two  dollars  per  month,  and  business  house  tele- 
phones at  a rental  not  to  exceed  two  dollars  and  fifty 
cents  per  month  for  main  line  telephones,  and  not  to  ex- 
ceed one  dollar  and  a half  per  month  for  party  line 
telephones.  The  said  E.  S.  Wakelin,  Dwight  B.  Heard 
and  John  W.  Foss,  and  their  assigns  shall  furnish  the 
said  City  of  Phoenix  for  its  free  use,  without  any  charge 
and  at  such  places  and  for  the  use  of  such  officers, 
during  the  term  of  this  franchise,  telephones  in  such 
number,  as  may  be  requested  by  resolution  of  the  Common 
Council;  and  that  the  lawful  holder  of  said  franchise  shall 
maintain,  free  of  cost  to  the  said  City  of  Phoenix,  such 
wires  through  their  conduits  and  on  their  poles  as  will 
suffice  for  any  fire  alarm  or  police  patrol  system  that 
the  city  shall  install  during  the  life  of  this  franchise. 

Sec.  5.  That  the  said  E.  S.  Wakelin,  Dwight  B. 
Heard  and  John  W.  Foss,  and  their  assigns,  as  one  of 
the  conditions  of  the  granting  of  this  franchise,  shall  pay 
into  the  treasury  of  said  City  of  Phoenix,  for  the  use  and 
benefit  of  said  city,  annually,  on  the  1st  day  of  January 
of  each  year,  one  per  cent  of  the  gross  earnings  of  said 
telephone  system  and  exchange  for  the  rental  of  tele- 
phones used  in  said  city  for  the  previous  year;  provided, 
that  said  payments  shall  be  accompanied  by  a statement 
made  by  the  said  E.  S.  Wakelin,  Dwight  B.  Heard  and 
John  W.  Foss,  or  their  assigns,  showing  the  total  amount 
of  said  gross  earnings  of  said  telephone  system  and  ex- 
change for  such  year;  provided,  further,  that  the  said 
parties  to  whom  this  franchise  is  granted  or  their  as- 
signs shall,  at  any  time  the  Common  Council  of  the  City 
of  Phoenix  shall  order,  permit  any  person  designated  by 


384 


City  Ordinances 


the  said  Common  Council  to  examine  their  books,  to  as- 
certain the  amount  of  said  gross  earnings  of  said  tele- 
phone system  and  exchange. 

Sec.  6.  That  at  the  expiration  of  five  years  after 
the  completion  of  said  telephone  system  and  exchange, 
and  at  the  expiration  of  each  succeeding  five  years 
thereafter,  the  said  city  shall  have  the  right  to  purchase 
said  system  and  exchange,  provided  it  notify  the  said 
persons  to  whom  this  franchise  is  granted,  or  their  as- 
signs, of  its  intention  so  to  do  at  least  one  year  before 
the  expiration  of  said  period  or  period  of  years.  In  order 
to  establish  the  value  of  said  telephone  system  and  ex- 
change the  persons  to  whom  this  franchise  is  granted,  or 
their  assigns,  and  the  said  City  of  Phoenix  shall  appoint 
one  person,  and  the  two  appointees  shall  choose  a third, 
and  the  three  persons  thus  chosen,  who  shall  be  practical 
telephone  engineers,,  shall  constitute  a board  to  determine 
the  value  of  said  telephone  system  and  exchange. 

The  Board  in  fixing  the  value  of  said  system  and 
exchange  shall  take  into  consideration  the  cost  of  the 
erection  and  installation  of  said  system  and  exchange, 
the  cost  of  erecting  or  installing  a new  system  and  ex- 
change of  like  character,  the  earning  capacity  of  said 
system  and  exchange,  and  all  other  facts  and  considera- 
tions legitimately  connected  with  the  said  system  and 
exchange.  And  for  that  purpose  it  shall  have  access  to 
the  books  of  the  persons  to  whom  this  franchise  is 
granted,  or  their  assigns,  to  ascertain  the  facts  above 
mentioned. 

The  city  shall,  within  sixty  days  after  the  said  board 
has  rendered  its  decision,  pay  the  amount  awarded,  in 
cash,  and  upon  such  payment,  said  E.  S.  Wakelin,  Dwight 
B.  Heard  and  John  W.  Foss,  or  their  assigns,  shall  trans- 
fer to  said  City  of  Phoenix  all  their  said  rights  and 
privileges  and  property  included  in  said  appraisement. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication  accord- 
ing to  law. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  3rd  day  of  May,  1909. 

LEWIS  W.  COGGINS, 

Attest : Mayor. 

FRANK  THOMAS,  City  Recorder. 

NO.  360. 

AN  ORDINANCE. 

To  require  persons,  co-partnerships,  associations  and  cor- 
porations operating  under  franchises  or  privileges 
from  the  City  of  Phoenix  to  make  reports  of  the 
extent  and  manner  of  their  operation  thereunder 
and  to  permit  inspection  of  their  books  and  property 
by  the  agents  of  the  city  for  information,  taxation 
and  other  purposes. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 


City  of  Phoenix 


385 


Section  1.  All  persons,  co-partnerships,  associations 
and  corporations  owning  or  operating  any  business  within 
the  City  of  Phoenix  under  any  franchise  or  privilege 
granted  by  the  City  of  Phoenix  shall  be  and  hereby  are 
required  to  make  annual  reports  in  writing  at  least  ten 
days  before  the  close  of  the  fiscal  year  of  the  city  to  the 
City  Manager  showing  in  detail  the  extent  and  manner 
of  their  operation  under  such  franchise  and  their  use  of 
such  franchise,  together  with  their  gross  and  their  net 
earnings,  and  the  kind  and  value  of  the  property  used 
and  employed  by  them  thereunder  in  such  business  and 
further,  such  persons,  co-partnerships,  associations  and 
corporations  shall  in  addition  to  the  annual  report  herein 
required,  make  such  additional  and  other  reports  from 
time  to  time  as  the  City  Manager  may  deem  advisable 
and  expedient  and  of  them  demand,  and  shall  permit  the 
City  Manager  and  his  appointees  and  agents  to  inspect 
from  time  to  time  as  the  City  Manager  may  deem  neces- 
sary or  advisable  all  the  properties  owned  by  him,  it  or 
them  and  used  and  employed  by  him,  it  or  them  in  about 
the  use  of  such  franchise  and  privilege  together  with 
an  inspection  and  examination  of  all  books,  records, 
papers  and  accounts  kept  by  him,  it  or  them  in  connec- 
tion with  such  business. 

Sec.  2.  The  City  Manager  of  the  City  of  Phoenix  is 
hereby  authorized  and  empowered  to  demand  and  receive 
from  any  and  all  persons,  co-partnerships,  associations 
and  corporations  owning  or  operating  any  franchise  or 
privilege  under  grant  from  the  City  of  Phoenix,  reports 
from  time  to  time,  giving  in  detail  such  information  as 
to  the  manner  and  extent  of  the  use  and  operation  of 
any  such  franchise  or  privilege,  as  he  may  require  for  any 
municipal  purpose,  and  the  City  Manager  is  further 
authorized  and  empowered  to  require,  demand  and  have, 
by  himself  and  appointees  and  agents,  access  to  and  in- 
spection of  all  the  properties,  books,  records,  papers  and 
accounts  of  such  persons,  co-partnerships,  associations  and 
corporations,  at  such  time  as  he  shall  deem  necessary, 
proper  or  advisable  for  any  municipal  purpose. 

Sec.  3.  Upon  any  such  person,  co-partnership,  asso- 
ciation or  corporation  failing,  neglecting  or  refusing  to 
make  any  report  as  herein  required  or  as  demanded  by 
the  City  Manager  hereunder,  or  failing  to  afford  and 
permit  access  to  and  inspection  of  any  of  its  properties, 
books,  records,  papers  or  accounts  to  the  City  Manager 
and  his  appointees  and  agents  as  herein  provided,  such 
franchise  or  permit  under  which  such  person,  co-partner- 
ship, association,  corporation  so  refusing  or  neglecting  is 
then  operating  shall  be  subject  to  forfeiture  at  the  option 
of  the  City  Commission  by  such  means  or  procedure  as 
the  City  Commission  may  determine  to  employ. 

Sec.  4.  The  provisions  of  this  Ordinance  shall  not 
be  deemed  a repeal  of  the  provisions  of  any  other  exist- 
ing Ordinance  of  the  City  of  Phoenix,  but  accumulative 
thereto. 

Sec.  5.  WHEREAS,  an  immediate  operation  of  this 
Ordinance  is  necessary  for  the  protection  of  the  public 


386 


City  Ordinances 


health,  peace  and  safety  of  the  city,  an  emergency  is 
hereby  declared  to  exist  and  this  Ordinance  shall  be  in 
full  force  and  effect  from  and  after  its  passage  and 
approval  by  the  Mayor  and  publication  as  required  by 
law  and  is  hereby  exempt  from  the  operation  of  the 
referendum  provisions  of  the  City  Charter  and  of  the 
Constitution  of  the  state. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  7th  day  of  April,  1920. 

Approved  this  7th  day  of  April,  1920. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


CHAPTER  XII. 

STREET  RAILWAYS. 

ORDINANCE  NO.  571. 

WHEREAS,  the  Phoenix  Railway  Company  of  Ari- 
zona, a corporation  now  operating  a street  car  line  over 
and  along  Third  street,  between  McDowell  Road  and 
Roosevelt  street  (formerly  known  as  Baltimore  street),  in 
the  City  of  Phoenix,  Arizona,  are  willing  and  desirous  of 
moving  their  tracks  from  the  east  side  of  said  Third 
street,  where  they  are  now  operating  their  street  cars, 
to  a position  ten  (10)  feet  west  thereof,  and  have  ten- 
dered the  Common  Council  of  the  City  of  Phoenix  a 
deed  to  that  portion  of  the  east  side  of  said  Third  street 
now  claimed  by  them  as  a private  right  of  way;  and, 

WHEREAS,  the  owners  of  property  abutting  upon 
said  Third  street  between  said  McDowell  Road  and  said 
Roosevelt  street,  are  desirous  of  having  said  Phoenix 
Railway  Company  of  Arizona  move  its  rails  from  the 
east  side  of  said  Third  street  to  a position  more  nearly 
in  the  center  of  the  said  Third  street  between  the  points 
above  described;  and, 

WHEREAS,  the  Common  Council  of  the  City  of 
Phoenix  believes  that  it  will  operate  to  the  advantage  of 
said  city  and  said  property  owners  to  have  said  rails 
moved  from  the  east  side  of  said  Third  street  to  a position 
more  nearly  in  the  center  thereof;  now,  therefore, 

The  Common  Council  of  Phoenix  do  ordain  as  fol- 
lows: 

Section  1.  That  that  certain  strip  of  land  ten  (10) 
feet  wide,  on  Third  street,  between  McDowell  Road  and 
Roosevelt  street,  (formerly  known  as  Baltimore  street) 
in  the  City  of  Phoenix,  County  of  Maricopa  and  State  of 
Arizona,  and  more  particularly  described  as  the  ten  (10) 
feet  immediately  west  of  and  abutting  upon  that  certain 
strip  of  land  lying  along  Third  street  between  McDowell 
Road  and  Roosevelt  street,  (formerly  known  as  Baltimore 
street)  and  being  the  private  right  of  way  deeded  to  the 
Phoenix  Railway  Company  of  Arizona  by  Lloyd  B.  Christy 
and  wife,  as  per  deed  recorded  in  Book  No.  53,  pages  357- 
358,  dated  February  11,  1901,  and  running  from  said 
McDowell  Road  to  said  Roosevelt  street  (formerly  known 


City  of  Phoenix 


387 


as  Baltimore  street),  be  and  the  same  is  hereby  vacated 
to  public  use,  and  the  right  of  such  use  is  hereby  ex- 
pressly conferred  upon  the  Phoenix  Railway  Company  of 
Arizona,  a corporation,  as  a private  right  of  way  for  the 
purpose  of  operating  its  street  cars  thereon  and  there- 
over. 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication,  as  by 
law  required,  and  the  cost  of  such  publication  shall  be 
borne  by  the  Phoenix  Railway  Company  of  Arizona. 

Passed  by  the  Common  Council  of  the  City  of  Phoenix 
this  21st  day  of  October,  1913. 

LLOYD  B.  CHRISTY, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  581. 

WHEREAS,  the  right  of  way  of  the  Phoenix  Railway 
Company  of  Arizona,  a corporation,  along  Roosevelt  street 
between  First  and  Third  streets  does  not  at  present  lie 
along  the  center  line  of  said  Roosevelt  street;  and, 

WHEREAS,  the  said  Phoenix  Railway  Company  of 
Arizona  are  willing  and  desirous  of  constructing  their 
tracks  along  said  center  line  of  said  Roosevelt  street  and 
have  tendered  the  Common  Council  of  the  City  of  Phoenix 
a deed  to  that  private  right  of  way  now  claimed  by  them, 
said  right  of  way  being  more  fully  described  as  follows: 

That  portion  of  that  certain  private  right  of  way  now 
vested  in  the  Phoenix  Railway  Company  of  Arizona,  by 
virtue  of  deed  from  Lloyd  B.  Christy  and  Mary  Emma 
Christy,  his  wife,  dated  February  11,  1901,  recorded  in 
book  53  of  Deeds,  pages  357-358,  lying  along  Roosevelt 
street,  (formerly  Baltimore  street)  and  between  First 
and  Third  streets,  Phoenix,  County  of  Maricopa,  State  of 
Arizona;  and, 

WHEREAS,  the  Common  Council  of  the  City  of  Phoe- 
nix believes  that  it  will  operate  to  the  advantage  of  the 
said  city  and  the  property  owners  abutting  thereon  to 
accept  from  the  Phoenix  Railway  Company  of  Arizona  the 
deed  to  the  right  of  way  above  described  and  to  vacate 
to  public  use  and  confer  the  right  of  such  use  upon  the 
said  Phoenix  Railway  Company  of  Arizona  a strip  of  land 
hereinafter  described, 

Be  it  ordained  by  the  Common  Council  of  the  City  of 
Phoenix: 

Section  1.  That  a strip  of  land  thirty  (30)  feet  in 
width,  being  fifteen  (15)  feet  on  each  side  of  the  present 
center  line  of  Roosevelt  street,  beginning  on  the  west  line 
of  that  certain  private  right  of  way  of  the  said  Phoenix 
Railway  Company  of  Arizona,  (and  located  on  Third 
street  between  Roosevelt  and  McDowell  Road)  ; thence 
running  in  a westerly  direction  to  the  present  east  line  of 


388 


City  Ordinances 


First  street,  City  of  Phoenix,  County  of  Maricopa,  State 
of  Arizona;  be  and  the  same  is  hereby  vacated  to  public 
use,  and  the  right  of  such  use  is  hereby  expressly  con- 
ferred upon  the  Phoenix  Railway  Company  of  Arizona,  a 
corporation,  as  a private  right  of  way  for  the  purpose  of 
operating  its  street  cars  thereon  and  thereover. 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  3.  WHEREAS,  an  early  operation  of  this  Ordi- 
nance is  necessary  for  the  convenience  and  safety  of 
the  public  an  emergency  is  hereby  declared  and  this 
Ordinance  shall  take  effect  from  and  after  its  passage 
and  publication,  as  by  law  required,  and  the  cost  of  such 
publication  shall  be  borne  by  the  Phoenix  Railway  Com- 
pany of  Arizona;  and  is  hereby  exempt  from  the  opera- 
tion of  the  referendum  provision  of  the  Charter  of  the 
City  of  Phoenix. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  9th  day  of  February,  1914. 

LLOYD  B.  CHRISTY, 

A pcf  • M q xtht 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  582. 

WHEREAS,  The  Phoenix  Railway  Company  of  Ari- 
zona, a corporation,  is  now  possessed  of  and  claims  a 
certain  part  or  parcel  of  a private  right  of  way  lying  in 
the  intersection  of  Third  and  Roosevelt  street  and  so  sit- 
uated that  proper  curves  from  Roosevelt  street  to  Third 
street  cannot  be  maintained  in  the  operation  of  its  street 
cars  and  have  tendered  the  Common  Council  of  the  City 
of  Phoenix  a deed  to  that  portion  of  the  said  right  of 
way  they  will  not  use  in  the  maintenance  of  its  tracks  for 
the  purpose  of  operating  its  street  cars  thereon  and  there- 
over, said  right  of  way  being  more  fully  described  as 
follows: 

Beginning  at  a point  71.16  feet  west  of  center  line 
of  Third  street  and  on  a line  parallel  to  and  15  feet 
south  of  the  center  line  of  Roosevelt  street;  thence  east- 
erly on  a line  parallel  to  the  center  line  of  Roosevelt 
86.16  feet  to  a point  15  feet  east  of  the  center  line  of 
Third  street;  thence  northerly  on  a line  parallel  to  the 
center  line  of  Third  street  86.16  feet;-  thence  southerly 
on  a concave  compound  curve  line  tangent  to  a line  15 
feet  east  of  and  parallel  to  the  center  line  of  Third  street 
composed  of  10  degrees,  radius  122.5  feet;  70  degrees 
10',  radius  77.5  feet;  10  degrees,  radius  122.5  feet  to 
point  of  beginning,  said  curve  tangent  to  a line  15  feet 
south  of  and  parallel  to  center  line  of  Roosevelt  street, 
said  described  parcel  designated  as  lot  “B”  on  print 
M.  W.  A.  19,  the  above  property  being  located  in  Phoenix, 
County  of  Maricopa,  State  of  Arizona. 

WHEREAS,  the  Common  Council  of  the  City  of 
Phoenix  believes  that  it  will  operate  to  the  advantage  of 


City  of  Phoenix 


389 


the  said  city  and  the  property  owners  abutting  thereon 
to  accept  from  the  Phoenix  Railway  Company  of  Arizona 
the  deed  to  the  right  of  way  above  described  and  to 
vacate  to  public  use  and  confer  the  right  of  such  use 
upon  the  said  Phoenix  Railway  Company  of  Arizona  a 
strip  of  land  hereinafter  described. 

Be  it  ordained  by  the  Common  Council  of  the  City  of 
Phoenix: 

Section  1.  That  the  land  beginning  at  a point  71.16 
feet  west  of  the  center  line  of  Third  street  and  on  a line 
parallel  to  and  15  feet  north  of  the  center  line  of  Roose- 
velt street;  thence  easterly  on  a line  parallel  to  the  center 
line  of  Roosevelt  street  56.16  feet  to  a point  15  feet  west 
of  the  center  line  of  Third  street;  thence  northerly  on  a 
line  parallel  to  the  center  line  of  Third  street  56.16  feet; 
thence  southerly  on  a concave  compound  curved  line  tan- 
gent to  a line  15  feet  west  of  and  parallel  to  the  center 
line  of  Third  street  composed  of  10  degrees  of  92.5  feet 
radius;  70  degrees  10'  of  47.5  feet  radius;  10  degrees  of 
92.5  feet  radius  to  point  of  beginning,  said  curve  tangent 
to  a line  15  feet  north  of  and  parallel  to  the  center  line 
of  Roosevelt  street,  said  described  parcel  designated  as 
lot  “A”  on  print  M.  W.  A.  19,  the  above  property  being 
located  in  Phoenix,  County  of  Maricopa,  State  of  Arizona, 
be  and  the  same  is  hereby  vacated  to  public  use  and  the 
right  of  such  use  is  hereby  expressly  conferred  upon  the 
Phoenix  Railway  Company  of  Arizona,  a corporation,  as 
a private  right  of  way  for  the  purpose  of  operating  its 
street  cars  thereon  and  thereover. 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Sec.  3.  WHEREAS,  an  early  operation  of  this  Ordi- 
nance is  necessary  for  the  convenience  and  safety  of  the 
public  an  emergency  is  hereby  declared  and  this  Ordinance 
shall  take  effect  from  and  after  its  passage  and  publica- 
tion, as  by  law  required,  and  the  cost  of  such  publication 
shall  be  borne  by  the  Phoenix  Railway  Company  of  Ari- 
zona; and  is  hereby  exempt  from  the  operation  of  the 
referendum  provision  of  the  Charter  of  the  City  of 
Phoenix. 

Passed  by  the  Common  Council  of  the  City  of  Phoe- 
nix this  9th  day  of  February,  1914. 

LLOYD  B.  CHRISTY, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Recorder. 


ORDINANCE  NO.  34. 

An  Ordinance  providing  that  but  a single  street  car  track 
shall  be  laid  on  Monroe  street  between  First  street 
and  Second  avenue,  and  providing  that  said  single 
track  shall  be  placed  in  the  center  of  Monroe  street 
between  said  points. 


390 


City  Ordinances 


ORDINANCE  NO.  155. 

An  Ordinance  relating  to  the  paving  of  street  railroad 
tracks  within  the  city  and  providing  a lien  for  the 
cost  thereof  and  for  its  enforcement  against  the  prop- 
erty of  street  railroad  companies. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  whenever  any  part  of  any  street, 
avenue,  lane,  alley,  court  or  place  within  the  city  occu- 
pied by  the  track  or  tracks  of  any  street  railroad,  and  for 
two  feet  on  either  side  thereof  and  if  there  be  two  or 
more  tracks,  then  also  the  space  between  all  said  tracks 
shall  be  ordered  to  be  paved  and  the  cost  thereof  shall  be 
assessed  against  the  person,  association,  firm  or  corporation 
owning,  operating  or  maintaining  such  street  railway,  such 
cost  shall  be  a lien  on  such  railroad,  as  provided  by  sub- 
division 45  of  Section  2,  of  Chapter  IV,  of  the  Charter  of 
the  City  of  Phoenix. 

Sec.  2.  That  whenever  any  contract  be  let  for  the 
paving  of  any  street,  avenue,  lane,  alley,  court  or  place 
mentioned  in  Section  1,  of  this  Ordinance,  upon  which 
any  street  railroad  shall  have  and  maintain  any  track  or 
tracks  except  as  hereinafter  provided,  such  contract  may 
provide  for  the  paving  of  so  much  of  said  street,  avenue, 
lane,  alley,  court  or  place  as  may  be  occupied  by  the 
track  or  tracks  of  said  railroad  and  for  two  feet  on  either 
side  thereof,  and  if  there  be  two  or  more  tracks  then  also 
the  space  between  said  tracks,  or  the  city  may  in  a 
separate  contract  provide  for  the  paving  of  such  part  of 
any  such  street,  avenue,  lane,  alley,  court  or  place  so 
occupied  by  any  such  railroad,  and  in  either  case  the 
contractor  doing  said  work  shall  collect  the  cost  thereof 
from  the  person,  association,  firm,  or  corporation  owning, 
operating  or  maintaining  said  railroad  and  the  lien  pro- 
vided for  in  Section  1 of  this  Ordinance,  shall  inure  to 
the  benefit  of  and  be  enforceable  at  the  suit  of  said  con- 
tractor, his  heirs,  executors,  administrators,  successors  or 
assigns. 

Sec.  3.  In  case  the  franchise  under  which  any-  street 
railroad  has  been  built  and  maintained  provides  that  the 
owner  of  such  railroad  shall  at  his  own  expense  pave  any 
part  of  the  street  occupied  by  the  track  or  tracks  of 
said  railroad,  then  before  any  contract  shall  be  let  by 
the  city  for  the  paving  of  such  part  of  such  street  so 
occupied  by  said  railroad,  the  owner  of  said  railroad  shall 
be  given  by  the  City  Manager  at  least  ten  days  prior 
notice  of  the  intention  of  the  city  to  so  pave  said  street 
including  such  part  as  may  be  occupied  by  said  railroad, 
and  thereupon  it  shall  be  the  duty  of  said  owner  to  notify 
the  City  Manager  whether  or  not  said  owner  elects  to  do 
or  cause  said  work  of  paving  to  be  done  in  accordance 
with  the  provisions  of  said  franchise,  and  in  case  said 
owner  shall  elect  to  do  or  cause  said  paving  to  be  so 
done,  it  shall  be  the  duty  of  the  said  owner  to  proceed 
with  reasonable  diligence  to  do  or  cause  said  paving  to  be 
done  in  accordance  with  the  provisions  of  the  franchise. 


City  of  Phoenix 


391 


If  said  owner  shall  not  so  elect,  then  the  contract  for  said 
work  may  be  let  as  provided  in  Section  2 hereof. 

Sec.  4.  If  the  owner  of  any  such  railroad  shall  fail 
or  refuse  to  notify  the  City  Manager  in  writing  whether 
said  owner  elects  to  do  said  work  or  cause  the  same  to 
be  done  within  ten  days  after  receiving  the  notice  pro- 
vided for  in  Section  3 of  this  Ordinance,  such  owner 
shall  be  deemed  guilty  of  a misdemeanor  and  be  punish- 
able by  a fine  not  to  exceed  one  hundred  ($100)  dollars 
and  each  day’s  delay  beyond  such  ten  days  to  give  such 
notice  shall  constitute  a separate  offense. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  20th  day  of  September,  1916. 

Approved  this  20th  day  of  September,  1916. 

GEO.  N.  MacBEAN, 

Attest:  Vice-Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  264. 

An  Ordinance  granting  to  the  Phoenix  Railway  Company 
of  Arizona  an  extension  of  time  within  which  it  shall 
comply  with  its  franchise  with  respect  to  paving  its 
tracks  upon  certain  conditions  named  herein  and 
further  providing  that  in  the  event  said  conditions  be 
not  complied  with  by  said  Phoenix  Railway  Company 
of  Arizona  the  said  city  by  its  City  Manager  shall  pave 
the  tracks  of  said  railway  company  and  conform  its 
said  tracks  to  grade,  and  further  providing  that  the 
cost  of  said  work  shall  be  a charge  against  said 
railway  company  and  constitute  a lien  against  its 
property  to  be  enforced  by  suit  as  fully  as  may  be 
permissible  by  the  laws  of  the  state. 

WHEREAS,  the  Phoenix  Railway  Company  of  Ari- 
zona is  required  by  the  terms  of  its  franchise  to  pave  on 
any  and  all  streets  that  may  be  paved  by  the  city,  the 
space  between  the  rails  of  its  track  and  for  the  distance 
of  two  feet  on  both  outer  sides  of  the  rails  thereof  with 
the  same  material  used  in  the  paving  of  said  streets  by 
the  city  and  is  also  required  to  conform  the  grade  of  its 
said  track  with  the  established  grade  as  furnished  by  the 
City  Engineer;  and, 

WHEREAS,  by  the  terms  of  said  franchise  the  cost 
of  said  paving  of  its  said  tracks  and  the  cost  of  conform- 
ing the  grade  of  said  track  to  the  established  grade,  as 
aforesaid,  is  to  be  paid  by  said  railway  company;  and, 

WHEREAS,  said  railway  company  has  failed  hitherto 
to  comply  with  its  said  obligation  to  pave  its  said  tracks 
on  streets  paved  by  the  city,  and  to  conform  its  track 
with  the  established  grade,  as  aforesaid,  is  to  be  paid  by 
said  railway  company;  and, 

WHEREAS,  said  railway  company  has  failed  hitherto 
to  comply  with  its  said  obligation  to  pave  its  said  tracks 
on  streets  paved  by  the  city,  and  to  conform  its  track 
with  the  established  grade;  and, 

WHEREAS,  said  railway  company  for  the  reason, 


392 


City  Ordinances 


as  alleged  by  it,  that  it  is  not  financially  able  to  pay  the 
cost  of  paving  said  tracks  with  the  same  material  used  in 
paving  by  the  city  because  of  an  increase  in  the  cost  of 
labor  and  material  and  the  cost  of  operation  and  a com- 
parative decrease  of  revenue  derived  from  the  operation 
of  its  railroad,  has  requested  that  the  city  defer  taking 
action  looking  to  the  enforcement  of  its  right  to  require 
the  said  railway  company  to  comply  with  its  full  obliga- 
tion to  pave  its  said  tracks,  as  aforesaid,  with  the  same 
material  as  used  in  the  pavement  of  said  streets  by  the 
city. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  The  Phoenix  Railway  Company  of  Ari- 
zona is  hereby  granted  the  full  term  of  two  years  from 
the  date  of  the  passage  and  approval  of  this  Ordinance 
within  which  it  shall  be  released  of  its  obligation  under 
its  franchise  to  pave  its  said  tracks  with  the  same  mate- 
rial as  used  in  the  pavement  of  the  streets  by  said  city, 
but  said  release  is  granted  under  the  express  provisions 
that  the  said  railway  company  shall  in  good  faith  comply 
with  the  following  terms  and  conditions: 

1.  The  said  railway  company  shall  place  its  track 
on  Grand  avenue  in  condition  for  operation  and  complete 
said  work  and  operate  its  cars  thereon  not  later  than 
October  15,  1919. 

2.  Said  railway  company  shall  bring  its  tracks  to 
grade  and  pave  all  street  intersections  including  the  street 
intersections  on  Third  street  from  Roosevelt  street  to 
McDowell  road  with  concrete  blocks  made  according  to 
specifications  to  be  approved  by  the  City  Engineer.  Said 
work  is  to  be  begun  within  thirty  days  from  the  date  of 
the  passage  and  approval  of  this  Ordinance  and  be  con- 
tinued with  reasonable  diligence  until  completed. 

3.  Said  railway  company  shall  bring  its  tracks  to 
grade  and  shall  cover  its  tracks  not  now  paved  in  paved 
districts  including  Third  street  from  Roosevelt  street;  to 
McDowell  road  with  caliche  six  inches  in  depth  on  the  out- 
side of  rails  and  four  inches  between  rails  and  shall  begin 
this  work  within  thirty  days  from  the  date  of  the  passage 
and  approval  of  this  Ordinance  and  complete  the  same 
within  six  months  thereafter. 

4.  Said  street  railway  company  shall  repair  its 
Washington  street  track  in  paved  districts  and  bring  all 
street  intersections  to  grade  and  pave  the  same  with  the 
same  type  of  construction  as  that  used  for  the  intersec- 
tions at  Central  avenue  and  Monroe  street  and  shall  begin 
this  work  within  thirty  days  from  the,  date  of  the  passage 
and  approval  of  this  Ordinance  and  prosecute  the  same 
continuously  thereafter  with  reasonable  diligence  until 
completed.  In  doing  said  repair  work  guard  rails  are  to 
be  used  the  full  width  of  the  intersections  of  all  streets 
from  Fourth  street  to  Seventh  avenue,  both  inclusive,  with 
Washington  street,  and  Second  avenue  with  Adams  street. 

5.  Said  railway  company  shall  repair  the  paving 
along  the  tracks  at  the  intersections  of  First  avenue  and 


City  of  Phoenix 


393 


Jefferson  street  and  First  avenue  and  Madison  street 
within  thirty  days  from  the  date  of  the  passage  and  ap- 
proval of  this  Ordinance. 

6.  Said  railway  company  in  the  event  other  streets 
or  portions  of  streets  not  now  paved  shall  hereafter  be  paved 
by  the  city  during  said  two  years  within  which  said  rail- 
way company  shall  be  released  from  its  full  obligation  to 
pave  as  required  by  its  franchise,  as  hereinbefore  pro- 
vided, shall  pave  all  street  intersections  on  all  said  streets 
or  portions  of  streets  that  may  be  hereafter  improved  as 
aforesaid,  and  cover  its  tracks  between  rails  and  for  two 
feet  on  the  outer  sides  of  said  rails  between  intersections 
substantially  as  hereinbefore  provided  in  paved  districts 
where  its  said  track  is  not  now  paved  and  shall  conform 
its  tracks  with  the  established  grade,  which  said  paving 
and  the  said  work  of  conforming  its  said  tracks  to  grade 
shall  be  done  with  reasonable  promptness  as  may  be  or- 
dered and  directed  by  the  City  Manager. 

Sec.  2.  The  said  Phoenix  Railway  Company  of  Ari- 
zona is  hereby  granted  ten  days  from  and  after  the 
passage  and  approval  of  this  Ordinance  in  which  to  elect 
to  accept  or  reject  the  conditions  of  Section  1,  of  this 
Ordinance  set  forth,  and  to  notify  the  City  Manager  of 
such  election  in  writing.  In  the  event  said  railway  com- 
pany shall  accept  said  conditions,  as  aforesaid,  and  shall 
thereafter  in  good  faith  comply  with  each  and  every . of 
said  conditions  and  requirements  in  said  Section  1,  set 
forth,  then  said  railway  company  shall  be  released  from 
its  obligation  to  pave  its  said  tracks  as  required  by  said 
franchise  during  the  said  period  of  two  years.  In  the 
event,  however,  that  said  railway  company  shall  not  elect 
to  accept  said  conditions  within  said  time,  as  hereinbefore 
provided,  or  in  case  said  railway  company  in  the  event 
that  it  shall  so  elect  shall  thereafter  fail  to  refuse  to 
comply  in  any  material  respect  with  any  of  the  terms  and 
conditions  in  said  Section  1,  set  forth,  then  the  extension 
of  time  herein  granted  shall  at  once  terminate  and  be  at 
an  end,  and  said  railway  company  shall  at  once  be 
obligated  to  comply  with  the  provisions  of  its  franchise 
and  to  pave  its  said  tracks  with  the  same  material  as  used 
by  the  city  as  fully  and  to  the  same  extent  as  though  no 
extension  has  been  granted  hereunder. 

Sec.  3.  In  the  event  said  Phoenix  Railway  Company 
of  Arizona  shall  not  elect,  as  aforesaid,  to  accept  the  con- 
ditions set  forth  in  Section  1 hereof,  within  the  time 
hereinbefore  prescribed,  or  in  case  it  shall  elect  to  accept 
said  conditions,  but  shall  thereafter  fail  to  carry  out  the 
said  condition  in  any  material  respect  as  set  forth  in  said 
Section  1,  then  in  any  such  event,  the  City  Manager  is 
hereby  authorized  and  directed  to  pave  or  cause  to  be 
paved  said  tracks  or  any  portions  of  said  tracks  required 
by  the  terms  of  said  Ordinance  to  be  paved  by  said  rail- 
way company  as  therein  provided.  The  cost  of  said  work 
that  shall  so  be  done  or  caused  to  be  done  by  the  City 
Manager  shall  be  paid  out  of  the  general  fund  of  the  city, 
but  said  Phoenix  Railway  Company  of  Arizona  shall, 
nevertheless,  be  obligated  to  pay  to  said  city  the  full  cost 


394 


City  Ordinances 


of  any  such  work  so  done  and  paid  for  by  said  city  with 
interest  on  the  sum  or  sums  so  paid  for  or  on  account  of 
said  work  by  said  city  at  legal  rate  from  the  time  of  such 
payment  or  payments  until  paid.  To  secure  said  payment 
or  payments  by  said  railway  company  to  said  city,  the  city 
shall  have  a lien  for  the  cost  of  said  work  from  the  time 
the  same  shall  be  incurred  on  the  property  of  said  rail- 
way company  including  its  rights  of  way,  tracks,  rails, 
ties,  poles,  wires,  electrical  appliances,  cars  and  all  other 
property  owned  and  used  by  said  railway  company  in 
connection  with  the  maintenance  or  operation  of  its  rail- 
road, which  said  lien  shall  have  preference  over  any  and 
all  other  liens  against  said  property  as  fully  as  may  be 
permissible  by  the  laws  of  the  state  and  shall  continue 
until  discharged  by  the  payment  of  the  sum  or  sums  due 
from  said  railway  company  to  said  city,  for  or  on  account 
of  said  work,  or  by  the  sale  of  said  property  under  fore- 
closure in  any  suit  or  suits  brought  by  said  city  against 
said  street  railway  company  to  enforce  any  lien  herein 
provided  for. 

Sec.  4.  Nothing  in  this  Ordinance  shall  be  construed 
as  a waiver  by  the  city  of  any  of  the  provisions  of  the 
franchise  of  said  Phoenix  Railway  Company  of  Arizona 
insofar  as  it  grants  any  indulgence  to  said  railway  com- 
pany with  respect  to  its  obligations  to  pave  its  railroad 
track  or  to  do  or  perform  any  other  thing  or  things  with 
res*pect  to  said  track  as  therein  required,  and  is  to  be 
construed  as  a measure  of  temporary  release  only, 

WHEREAS,  it  is  necessary  for  the  immediate  preser- 
vation of  the  peace,  health  and  safety  of  the  city  that 
this  Ordinance  take  effect  and  become  operative  imme- 
diately, an  emergency  is  hereby  declared  to  exist  and  this 
Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval  by  the  Mayor  and  its  pub- 
lication as  provided  by  law  for  emergency  measures. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  26th  day  of  May,  1919. 

Approved  this  26th  day  of  May,  1919. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  351. 

An  Ordinance  making  the  failure,  neglect  or  refusal  of 
any  street  railroad  company,  or  owner  of  any  street 
railroad,  to  comply  with  any  order  of  the  City  Com- 
mission with  respect  to  conforming  its  railroad  track 
to  grade,  paving  the  same  and  making  repairs  to' the 
same,  a misdemeanor,  and  also  making  the  failure, 
neglect  or  refusal  of  any  person  having  the  manage- 
ment, control  and  direction  of  such  railroad,  to  use 
all  reasonable  effort  to  procure  a compliance  by  said 
railroad  with  any  such  order  of  the  City  Commission, 
a misdemeanor,  and  providing  for  the  punishment 
thereof. 


City  of  Phoenix 


3°5 


Be  it  ordained  by  the  City  Commission  of  the  City  of 

Phoenix,  as  follows: 

Section  1.  Any  corporation  or  person  owning  or 
operating  any  street  railroad  within  the  corporate  limits 
of  the  City  of  Phoenix,  under  a franchise  from  said  City 
of  Phoenix,  that  fails,  neglects  or  refuses  to  comply 
with  its  franchise  obligation  when  so  ordered  by  the 
City  Commission,  with  respect  to  conforming  the  track 
of  said  railroad  to  grade  or  with  respect  to  paving  the 
same  or  with  respect  to  keeping  and  maintaining  its  said 
track  in  good  order  and  repair,  or  that  shall  fail,  neglect 
or  refuse  to  comply  with  any  order  of  the  City  Commis- 
sion with  respect  to  any  duty  said  corporation  or  person 
may  owe  to  the  public  by  virtue  of  its  occupancy  of  any 
street  or  highway  within  the  city,  shall  be  guilty  of  a mis- 
demeanor and  be  subject  to  a fine  of  not  more  than 
two  hundred  dollars  for  every  day  of  such  failure,  neglect 
or  refusal  to  comply  with  any  such  order. 

Sec.  2.  It  is  hereby  made  the  duty  of  the  manager 
or  the  person  having  the  control,  direction  or  operation 
of  any  street  railroad  operating  within  the  corporate 
limits  of  the  City  of  Phoenix,  whenever  any  such  order 
shall  be  made,  as  in  Section  1 provided,  that  shall  affect 
said  railroad,  to  use  all  means  within  his  power  or  control 
to  carry  out  in  good  faith  the  terms  of  any  such  order, 
and  any  such  manager  or  person  who  shall  fail,  neglect  or 
refuse  to  use  all  such  efforts  in  good  faith  to  carry  out 
the  provisions  of  any  such  order  effecting  the  railroad 
under  his  management,  control  or  direction  shall  be 
guilty  of  a misdemeanor  and  be  punished  by  a fine  not 
more  than  two  hundred  dollars,  or  by  imprisonment  in  the 
City  Jail  not  exceeding  sixty  days,  or  by  both  such  fine 
and  imprisonment,  and  each  day  that  such  failure,  neglect 
or  refusal  shall  continue  shall  constitute  a separate  of- 
fense under  this  section.  The  fact  that  the  owner  of  any 
such  railroad  company  shall  fail,  neglect  or  refuse  to 
obey  any  such  order,  as  in  Section  1 provided,  shall  be 
presumptive  evidence  that  the  manager  or  person  having 
the  control,  direction  or  operation  of  any  such  railroad 
has  violated  the  provisions  of  this  section. 

Sec.  3.  The  provisions  of  this  Ordinance  shall  not 
be  deemed  a repeal  of  the  provisions  of  any  other  existing 
Ordinance  of  the  City  of  Phoenix,  but  cumulative  thereto. 

Passed  by  the  City  Commission  of  the  City  of 
Phoenix  this  10th  day  of  March,  1920. 

Approved  March  10th,  1920. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


SUPPLEMENT 


City  of  Phoenix 


399 


ORDINANCE  NO.  126. 

An  Ordinance  providing  for  the  filling  of  the  offices  of 
City  Magistrate  and  City  Clerk,  and  the  performance 
of  the  duties  and  exercising  the  rights  thereof,  by  one 
and  the  same  person ; making  the  City  Clerk  ex  officio 
City  Magistrate;  fixing  compensation;  and  containing 
repealing  clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  That  the  offices  of  City  Clerk  and  City 
Magistrate  are  hereby  directed  to  be  and  shall  be  filled, 
and  the  duties  thereof  performed,  and  the  rights  thereof 
exercised,  by  one  and  the  same  person. 

Sec.  2.  That  upon  and  from  and  after  this  Ordinance 
becomes  in  force  and  effect  the  City  Clerk  of  the  City  of 
Phoenix  shall  be  and  become  ex  officio  City  Magistrate 
and  as  such  shall  have  and  possess,  full  power  and  authority 
in  the  premises. 

Sec.  3.  The  salary  to  be  paid  to  the  person  filling 
the  combined  offices  of  City  Clerk  and  City  Magistrate^ 
as  herein  provided,  is  hereby  fixed  and  shall  be  at  the  rate 
of  twenty-four  hundred  ($2400)  dollars  per  year,  payable 
in  equal  semi-monthly  installments,  one-half  (V2)  thereof 
to  be  charged  against  the  office  of  City  Clerk,  and  one- 
half  ( V2. ) against  the  office  of  City  Magistrate. 

Sec.  4.  That  all  Ordinances  and  parts  of  Ordinances 
in  conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Passed  by  the  Commission  of  the  City  of  Phoenix, 
this  11th  day  of  April,  1916. 

This  Ordinance  was  submitted  to  the  voters  of  the 
City  of  Phoenix  under  the  initiative  on  the  27th  day  of 
June,  1916,  at  a special  election,  and,  having  received  a 
majority  of  all  votes  cast,  was  duly  declared  to  have  be- 
come a law. 

GEORGE  U.  YOUNG, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  541. 

An  Ordinance  amending  Ordinance  No.  224,  entitled  “An 
Ordinance  establishing  a park  and  playground  board 
for  the  City  of  Phoenix,”  by  adding  thereto  a pro- 
vision for  the  appointment  of  a Park  Superintendent 
and  the  fixing  of  his  powers  and  duties  and  by  further 
adding  thereto  a provision  permitting  said  board  to 
receive  donations,  legacies  and  bequests  for  park  and 
playground  purposes  and  the  disposition  of  the  same. 
Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

That  Ordinance  No.  224,  entitled  “An  Ordinance  es- 


400 


City  Ordinances 


tablishing  a Park  and  Playground  Board  for  the  City  of 
Phoenix,”  be  amended  so  as  to  read  as  follows: 

Section  1.  There  is  hereby  established  a Park  and 
Playground  Board  for  the  City  of  Phoenix  which  shall 
consist  of  five  members  to  be  appointed  by  the  Commis- 
sion, each  of  whom  shall  be  a resident  taxpayer  of  the 
city  and  an  elector  thereof,  and  each  of  whom  shall  serve 
for  two  years  and  until  his  successor  shall  be  appointed 
and  qualify,  and  without  compensation. 

Sec.  2.  It  shall  be  the  duty  of  said  Park  and  Play- 
ground Board  to  formulate  a general  plan  for  the  creation 
of  a park  and  playground  system  for  the  city  with  a view 
to  its  future  growth  and  development;  to  secure  plans 
and  estimates  for  work  necessary  to  be  done  each  year  in 
furtherance  of  said  system  and  to  submit  the  same  to  the 
Commission  for  approval  and  appropriate  actipn,  and  to 
perform  such  administrative  duties  as  may  by  Ordinance  be 
conferred  upon  it.  Said  board  may  make  and  enforce  such 
rules  and  regulations  appertaining  to  its  own  government 
and  the  conduct  of  such  administrative  duties  as  may  by 
Ordinance  be  conferred  upon  it  as  it  may  deem  necessary 
and  proper. 

Sec.  3.  The  office  of  Park  Superintendent  is  hereby 
created,  which  officer  shall  be  appointed  by  the  City 
Manager  by  and  with  the  consent  of  the  Commission. 
In  making  such  appointment  the  City  Manager  shall  con- 
sider any  recommendations  that  may  be  made  by  the 
Park  and  Playground  Board  relative  thereto.  The  Park 
Superintendent  shall  be  subject  to  removal  at  any  time 
by  the  City  Manager,  provided,  however,  that  any  va- 
cancy thus  created  is  to  be  filled  as  hereinbefore  pro- 
vided. The  salary  of  the  Park  Superintendent  shall  be 
as  fixed  by  the  City  Commission. 

Sec.  4.  It  shall  be  the  duty  of  the  Park  Superin- 
tendent to  supervise  the  care,  maintenance  and  improve- 
ment of  the  parks  and  public  playgrounds  of  the  city 
under  the  direction  of  the  Park  and  Playground  Board, 
provided,  however,  that  he  shall  not  purchase  any  ma- 
terials, hire  any  labor  or  create  any  other  expense 
chargeable  against  the  city  without  the  approval  of  the 
City  Manager.  The  supervision  and  control  of  the  parks 
of  the  city  and  of  all  trees,  grass  and  foliage  growing  in 
and  upon  any  of  said  parks  or  public  playgrounds  of  the 
city,  heretofore  vested  in  the  Superintendent  of  Streets, 
shall  hereafter  vest  in  said  Park  Superintendent  subject 
to  the  limitations  herein  prescribed. 

Sec.  5.  The  Board  of  Parks  and  playgrounds  may, 
for  and  in  behalf  of  the  City  of  Phoenix,  receive  dona- 
tions, legacies  or  bequests  for  the  purpose  of  the  acqui- 
sition, improvement  or  maintenance  of  parks  and  play- 
grounds within  the  city  which,  unless  otherwise  provided 
by  the  terms  of  such  donations,  legacies  or  bequests,  shall 
be  deposited  with  the  Treasurer  of  the  city  to  the  credit 
of  the  park  and  playground  funds  and  be  expended  as  may 
be  provided  by  Ordinance. 

Sec.  6.  All  Ordinances  and  parts  of  Ordinances  in 
conflict  with  this  Ordinance  are  hereby  repealed. 

Sec.  7.  Whereas,  it  is,  in  the  judgment  of  the  Com- 


City  of  Phoenix 


401 


mission,  necessary  for  the  immediate  preservation  of  the 
best  health  and  safety  of  the  city  that  this  Ordinance 
take  effect  immediately,  an  emergency  is  hereby  declared 
to  exist,  and  this  Ordinance  shall  take  effect  from  and 
after  its  passage  and  approval  by  the  Mayor. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
16th  day  of  November,  1921. 

Approved:  J.  A.  R.  IRVINE, 

Attest:  Vice  Chairman. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  549. 

An  Ordinance  providing  for  the  branding  of  dairy  cows 
which  have  been  tuberculin  tested  and  have  reacted, 
providing  penalty,  repealing  sub-paragraph  (1)  of 
paragraph  4 of  section  61  of  Ordinance  99  of  the 
Commission  of  the  City  of  Phoenix  with  an  emer- 
gency clause. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  No  milk  or  cream  of  the  standards  of 
“Grade  A Guaranteed  Milk  and  Cream,”  “Grade  A In- 
spected Milk  or  Cream  (Raw),”  “Grade  B Selected  Milk 
or  Cream  (Raw),”  as  defined  by  section  61  of  Ordinance 
99  of  the  Commission  of  the  City  of  Phoenix,  shall  be 
brought  within  the  corporate  limits  of  the  City  of  Phoe- 
nix unless  the  cows  from  which  such  milk  or  cream  was 
produced  and  had  been  tuberculin  tested  in  the  manner 
as  provided  by  said  section  61  of  said  Ordinance  99  and 
have  not  reacted  and  all  such  cows  shall  be  so  tested  an- 
nually. 

Sec.  2.  When  any  cow  has  been  tuberculin  tested 
in  the  manner  as  required  by  said  section  61  of  said 
Ordinance  99  and  has  reacted,  such  cow  shall  be  forth- 
with excluded  from  the  herd  and  be  branded  with  an 
hot  iron  on  the  right  jaw  with  a letter  T which  said  letter 
shall  be  at  least  two  inches  in  height. 

Sec.  3.  No  person  who  fails,  refuses  or  neglects  to 
brand  any  cow  which  has  been  tuberculin  tested  in  the 
manner  as  required  by  the  Ordinances  of  the  City  of 
Phoenix,  or  by  any  statute  of  the  State  of  Arizona,  and 
which  has  reacted,  shall  be  permitted  to  deliver  milk  or 
cream  of  the  standards  enumerated  in  section  1 of  this 
Ordinance  within  the  corporate  limits  of  the  City  of 
Phoenix;  and  the  permit  of  any  person  having  a permit 
to  deliver  milk  of  said  standards  within  the  City  of 
Phoenix  who  fails,  refuses  or  neglects  to  so  brand  any 
such  cow  in  the  manner  as  required  by  this  Ordinance 
shall  be  immediately  revoked;  and  it  shall  be  unlawful 
for  any  person  having  a permit  to  deliver  milk  within  the 
City  of  Phoenix  to  deliver  milk  or  cream  produced  by 
any  other  person  from  any  herd  which  contains  any  cow 
which  has  been  tuberculin  tested  and  which  has  reacted 
and  which  has  not  been  branded  in  the  manner  as  re- 
quired by  this  Ordinance,  and  the  permit  of  any  such 
person  so  delivering  such  milk  shall  be  revoked. 

Sec.  4.  The  word  “person”  as  used  in  this  Ordinance 


402 


City  Ordinances 


shall  be  deemed  and  taken  to  include  co-partnerships,  as- 
sociations and  corporations. 

Sec.  5.  This  Ordinance  shall  not  be  construed  to 
repeal  any  existing  Ordinance  of  the  City  of  Phoenix 
relative  to  the  delivery  of  milk  or  cream  to  consumers 
within  the  City  of  Phoenix,  saving  and  excepting  sub- 
paragraph  (1)  of  paragraph  4 of  section  61  of  Ordinance 
99  of  the  Commission  of  the  City  of  Phoenix,  which  is 
hereby  repealed,  but  shall  be  deemed  to  be  cumulative 
thereto. 

Sec.  6.  It  being  necessary  to  the  public  peace  health 
and  safety  of  the  City  of  Phoenix  that  this  Ordinance 
become  immediately  operative,  an  emergency  is  hereby 
declared  to  exist  and  this  Ordinance  shall  be  exempted 
from  the  provisions  of  the  referendum  and  shall  be  in 
full  force  and  effect  from  and  after  its  passage  by  the 
Commission,  approval  by  the  Mayor  and  posting  and 
publication  as  by  law  required. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  7th  day  of  December,  1921. 

Approved  this  7th  day  of  December,  1921. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


ORDINANCE  NO.  553. 

An  Ordinance  amending  section  1 of  Ordinance  No.  458 
entitled  “an  ordinance  providing  for  the  appointment 
of  a City  Planning  Commission  and  fixing  its  powers 
and  duties.” 

Be  it  ordained  by  the  City  Commission  of  the  City 
of  Phoenix  as  follows: 

That  section  1 of  Ordinance  No.  458,  entitled  “An 
Ordinance  Providing  for  the  Appointment  of  a City  Plan- 
ning Commission  and  Fixing  its  Powers  and  Duties,”  be 
amended  so  as  to  read  as  follows: 

Section  1.  There  is  hereby  created  a City  Planning 
Commission  to  consist  of  one  hundred  representative 
citizens  of  the  City  of  Phoenix.  The  City  Manager,  the 
City  Attorney  and  the  City  Engineer  shall  be  members 
of  the  Commission  by  virtue  of  their  offices.  The  re- 
maining members  shall  be  appointed  by  the  City  Com- 
mission as  soon  as  practicable  after  the  passage  of  this 
Ordinance. 

The  appointed  members  of  the  Commission  shall 
serve  for  six  years  and  until  their  successors  are  duly 
appointed,  save  and  except  that  thirty-two  of  the  first 
appointed  members,  to  be  designated  by  the  City  Com- 
mission, shall  serve  for  two  years  from  January  1st,  1922, 
thirty-two  of  said  appointed  members,  to  be  so  desig- 
nated, shall  serve  for  four  years  from  said  date  of  Janu- 
ary 1st,  1922,  and  thirty-three  of  said  appointed  members, 
to  be  so  designated,  shall  serve  for  six  years  from  said 
date  of  January  1st,  1922. 

All  vacancies  shall  be  filled  by  the  City  Commission. 
Absence  for  two  consecutive  meetings  of  the  City  Plan- 


City  of  Phoenix 


403 


ning  Commission  by  any  member  thereof  may  be  consid- 
ered by  the  City  Commission  as  creating  a vacancy  on 
said  City  Planning  Commission  and  a successor  may  be 
appointed  to  fill  such  vacancy,  provided  such  action  be 
taken  within  thirty  days  from  the  date  of  the  last  ab- 
sence. A change  of  residence  from  the  City  of  Phoenix 
of  any  member  shall  create  a vacancy  on  the  City  Plan- 
ning Commission. 

The  members  of  the  City  Planning  Commission  shall 
serve  as  such  without  compensation. 

Passed  by  the  City  Commission  of  the  City  of 
Phoenix  this  21st  day  of  December,  1921. 

Approved.  WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

HELEN  C.  FAHEY,  Deputy  City  Clerk. 


ORDINANCE  NO.  557. 

An  Ordinance  requiring  a bond  from  all  persons  excavat- 
ing under  a sidewalk. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows: 

Section  1.  No  person  shall  be  permitted  to  excavate 
under  any  sidewalk  within  the  City  of  Phoenix  unless 
such  person  shall  have  furnished  to  the  City  of  Phoenix 
a bond  in  the  sum  of  twenty-five  dollars  a front  foot  of 
the  frontage  on  the  sidewalk  to  be  excavated  conditioned 
that  such  person  will  restore  the  sidewalk  to  its  original 
condition  on  completion  of  the  building  or  structure  for 
which  the  excavation  is  to  be  made.  Such  bond  shall 
comply  with  all  requirements  of  the  laws  of  the  State  of 
Arizona  relative  to  surety  bonds  and  shall  be  approved 
by  the  City  Manager. 

Sec.  2.  In  event  of  the  suspension  or  abandonment 
of  building  operations  on  any  building  or  structure  in 
connection  with  which  an  excavation  shall  have  been  made 
under  the  sidewalk  adjacent  thereto  for  a period  of  thirty 
days  such  sidewalk  shall  thereupon  be  immediately  re- 
stored; in  default  of  such  restoration  the  bond  shall  be 
forfeit  to  the  City  of  Phoenix  after  thirty  days  notice 
by  the  City  Inspector  of  Buildings  to  restore  such  side- 
walk. 

Sec.  3.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  deemed  guilty  of  a misdemeanor 
and  upon  conviction  shall  be  punished  by  a fine  of  not 
more  than  three  hundred  dollars  or  by  imprisonment  in 
the  City  Jail  for  not  more  than  six  months  or  by  both 
such  fine  and  imprisonment. 

Sec.  4.  It  being  necessary  to  the  public  peace,  health 
and  safety  that  proper  regulations  relative  to  excava- 
tions under  sidewalks  be  adopted  and  enforced  an  emer- 
gency is  hereby  declared  to  exist  and  this  Ordinance  shall 
be  exempted  from  the  provisions  of  the  referendum  and 
shall  be  in  full  force  and  effect  from  and  after  its  passage 
by  the  Commission,  approval  by  the  Mayor  and  posting 
and  publication  as  by  law  required. 


404 


City  Ordinances 


Passed  by  the  Commission  of  the  City  of  Phoenix 
this  11th  day  of  January,  1922. 

Approved  this  11th  day  of  January,  1922. 

WILLIS  H.  PLUNKETT, 

Attest : Mayor. 

GEORGE  KIRKLAND,  City  Clerk. 


ORDINANCE  NO.  563. 

An  Ordinance  amending  section  2 of  Ordinance  No.  32 
of  the  Commission  of  the  City  of  Phoenix,  entitled: 
“An  Ordinance  amending  section  6 and  13  of  Ordi- 
nance No.  461  of  the  Common  Council  of  the  City 
of  Phoenix,  passed  by  the  Common  Council  and  ap- 
proved by  the  Mayor  on  the  5th  day  of  May,  1910.” 
Be  it  ordained  by  the  Commission  of- the  City  of  Phoe- 
nix as  follows: 

Section  1.  That  section  2 of  Ordinance  No.  32  of 
the  Commission  of  the  City  of  Phoenix  be,  and  the  same 
is  hereby  amended  to  read  as  follows: 

Sec.  2.  Every  corporation,  co-partnership,  associa- 
tion and  individual,  or  agent  thereof,  placing  or  installing 
electrical  wires,  appliances,  apparatus,  construction  or 
equipment  in,  on,  or  about  any  building  or  other  struc- 
ture in  the  City  of  Phoenix,  shall,  before  a certificate  of 
inspection,  as  provided  for  in  section  10  of  said  Ordi- 
nance No.  461,  is  issued  by  the  City  Inspector  of  Build- 
ings, pay  to  the  said  City  Inspector  of  Buildings  the  fol- 


lowing fees,  viz: 

For  each  permit  issued $0.75 

For  each  outlet  at  which  current  is  con- 
trolled or  issued  05 

Electric  signs,  660  watts  or  less 2.00 

Each  additional  660  watts  or  part  thereof..  1.00 
Window,  outline,  border,  strip  and  foot 

lights  under  18  in.  spacing,  each .05 

For  arc  lamp,  complete,  each 25 

For  each  and  every  electric  fixture .05 

Chandeliers,  3 sockets  or  under 05 

Each  additional  3 sockets  or  less 05 

For  each  motor  or  generator  of  1 hp.  or  less  .50 
For  each  motor  or  generator  of  more  than 

1 hp.  and  not  more  than  5 hp... 1.00 

For  each  motor  or  generator  of  more  than 

5 hp.  and  not  more  than  10  hp 1.25 

For  each  motor  or  generator  of  more  than 

10  hp.  and  not  more  than  15  hp 1.50 

For  each  motor  or  generator  of  more  than 

15  hp.  and  not  more  than  20  hp 2.00 

For  each  additional  10  hp.  over  20  hp 50 

For  each  rectifier  1.25 

Other  current  or  voltage  regulating  devices, 

each  25 


All  devices  consuming  an  excess  of  660  watts 
will  take  the  same  fee  as  motors  of  the  same  watt- 
age of  current  consumption;  provided,  however, 
that  the  minimum  amount  of  any  bill  of  fees  to 
be  charged  shall  not  be  less  than  75c  for  any  job 


City  of  Phoenix 


405 


where  the  cost  of  labor  and  material  exceeds 
$2.00,  and  not  less  than  25c  where  the  cost  of 
labor  and  material  is  less  than  $2.00. 

No  person,  corporation  or  co-partnershin  shall  com- 
mence the  placing  or  installation  of  any  electrical  wires, 
appliances,  construction  or  equipment  in  or  about  any 
building,  structure  or  premises  within  the  City  of  Phoenix, 
unless  such  person,  corporation  or  co-partnership,  shall 
have  deposited  with  the  City  Inspector  of  Buildings  the 
sum  of  $100  in  lawful  money  of  the  United  States.  Such 
sum  of  money  shall  at  all  times  be  retained  by  the  City 
Inspector  of  Buildings  as  an  advance  payment  of  fees, 
and  all  fees  charged  against  any  work  done  by  any  such 
person,  corporation  or  co-partnership,  shall  be  deducted 
from  such  deposit,  provided,  however,  that  on  the  day 
before  the  last  secular  day  of  each  calendar  month,  each 
such  person,  corporation  or  co-partnership  shall  pay  to 
the  said  Inspector  of  Buildings  a sum  of  money  equal  to 
the  fees  charged  against  him  during  that  month. 

No  person,  corporation  or  co-partnership  which  is  in 
default  under  the  provisions  of  this  section  shall  be  per- 
mitted to  install  any  electrical  wires,  appliances,  con- 
struction or  equipment  in  or  about  any  building,  structure 
or  premises  within  the  City  of  Phoenix  while  so  in  de- 
fault. 

The  deposit  herein  provided  for  or  so  much  thereof 
as  may  remain  in  the  hands  of  the  City  Inspector  of 
Buildings,  shall  be  returned  to  any  person,  corporation 
or  co-partnership  engaged  in  the  business  of  placing  or 
installing  electrical  wires,  appliances,  apparatus,  construc- 
tion or  equipment  whenever  such  person,  corporation  or 
co-partnership  shall  discontinue  business. 

Sec.  3.  All  Ordinances  or  parts  of  Ordinances  in 
conflict  herewith  are  hereby  repealed. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  18th  day  of  January,  1922. 

Approved  this  18th  day  of  January,  1922. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

GEORGE  KIRKLAND,  City  Clerk. 


ORDINANCE  NO.  580. 

An  Ordinance  making  it  unlawful  for  any  person,  corpo- 
ration or  association  to  maintain  any  excavation  un- 
der any  sidewalk,  street,  alley,  or  other  public 
grounds  or  places  in  such  condition  so  as  to  preclude 
the  use  by  the  public  with  safety  and  reasonable 
convenience  of  any  such  sidewalk,  street,  alley,  or 
other  public  ground  under  which  said  excavation  be 
made,  and  fixing  a penalty  for  the  violation  thereof. 
Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  cor- 
poration or  association  to  maintain,  or  cause  to  be  main- 
tained, any  excavation  under  or  along  any  of  the  side- 
walks, streets,  alleys,  or  other  public  grounds  or  places 


406 


City  Ordinances 


within  the  corporate  limits  of  the  City  of  Phoenix  so  as 
to  preclude  the  use  of  any  such  sidewalk,  street,  alley, 
or  other  public  place  by  the  public  with  reasonable  safety 
and  convenience. 

Sec.  2.  Any  person,  corporation  or  association,  or 
their  officers,  agents  or  employees,  who  shall  fail,  neglect 
or  refuse  within  thirty  (30)  days  after  such  excavation 
shall  have  been  made,  or  in  the  case  of  excavations  made 
at  the  time  of  the  taking  effect  of  this  Ordinance,  thirty 
(30)  days  from  the  date  hereof,  to  conform  to  the  re- 
quirements of  Section  1 hereof  shall  be  guilty  of  a mis- 
demeanor and  shall  be  punished  by  a fine  of  not  less  than 
twenty-five  ($25.00)  dollars,  nor  more  than  two  hundred 
($200.00)  dollars,  or  by  imprisonment  in  the  City  Jail 
for  a period  not  to  exceed  thirty  (30)  days,  or  by  both 
such  fine  and  imprisonment.  Each  day  any  such  person, 
corporation  or  association,  or  their  officers,  agents  or  em- 
ployees, shall  fail,  neglect  or  refuse  to  comply  with  sec- 
tion 2 hereof  shall  constitute  a separate  offense  and  be 
punishable  as  such. 

Sec.  3.  Whereas,  the  public  peace,  health  and  safety 
require  the  enactment  of  an  Ordinance  granting  the  relief 
hereinbefore  granted  an  emergency  is  hereby  declared  to 
exist  and  this  Ordinance  is  made  to  take  effect  on  and 
after  its  passage  and  the  approval  of  the  Mayor  and  pub- 
lication as  required  by  law. 

Passed  by  the  Commission  of  the  City  of  Phoenix 
this  first  day  of  March,  1922. 

Approved  this  first  day  of  March,  1922. 

WILLIS  H.  PLUNKETT, 

Attest:  Mayor. 

GEORGE  KIRKLAND,  City  Clerk. 


ORDINANCE  NO.  596. 

An  Ordinance  fixing  the  salaries  of  certain  officers  of 
the  City  of  Phoenix. 

Be  it  ordained  by  the  Commission  of  the  City  of 
Phoenix,  as  follows:: 

Section  1.  That  on  and  after  the  first  day  of  May, 
1922,  the  salaries  of  the  following  officers  of  the  City 
of  Phoenix  shall  be  as  hereinafter  set  forth 

City  Manager,  $6,000.00  per  annum 

City  Engineer  and  Superintendent  of  Streets, 

4.500.00  per  annum 

City  Attorney,  3,750.00  per  annum 

City  Health  Officer  and  Sanitary  Officer, 

3.600.00  per  annum 

Chief  of  Police,  3,000.00  per  annum 

Sec.  2.  All  Ordinances  and  parts  of  Ordinances  in 

conflict  with  the  provisions  of  this  Ordinance  are  hereby 
repealed. 

Passed  by  the  Commission  of  the  City  of  Phoenix,  this 
3rd  day  of  May,  1922. 

Approved  this  3rd  day  of  May,  1922. 

L.  L.  HARMON, 

Attest:  Mayor. 

GEORGE  KIRKLAND,  City  Clerk. 


AMENDMENTS 

TO 


CHARTER 


City  of  Phoenix 


409 


RESOLUTION  NO.  232. 

Be  it  Resolved  by  the  Commission  of  the  City  of  Phoe- 
nix, as  follows: 

That  there  be,  and  is  hereby  proposed  an  Amendment 
to  the  City  Charter  of  the  City  of  Phoenix,  to  be  submitted 
to  the  qualified  electors  of  the  City  of  Phoenix,  at  the  next 
General  Election  to  be  held  in  the  City  of  Phoenix  on  the 
first  Tuesday  in  April,  1917,  as  follows,  to-wlt: 

That  Section  1 of  Chapter  XIII  of  the  Charter  of  the 
City  of  Phoenix  be  amended  to  read  as  follows: 

Section  1.  There  shall  be'  a General  Municipal  Election 
held  in  the  City  of  Phoenix  every  year  on  the  first  Tuesday 
in  April,  beginning  in  the  year  1915,  and  the  manner  of 
giving  notice,  and  the  holding  and’  conducting  of  such  elec- 
tion, the  registration  of  voters,  the  counting  of  ballots,  the 
canvassing  of  votes  cast,  and  the  method  of  announcing  and 
declaring  the  results  of  such  election,  shall  be  as  is  or  may 
hereafter  be  provided  by  Ordinance,  subject,  however,  to  the 
provisions  of  this  Charter.  The  form  of  ballot  shall  be  sub- 
stantially as  that  prescribed  in  Chapter  12,  Sections  9,  10 
and  11  of  this  Charter. 

The  Mayor  and  Commissioners  shall  be  the  canvassing 
board,  which  shall  meet  on  the  first  Tuesday  after  the  elec- 
tion and  canvass  the  votes  and  announce  and  declare  the  re- 
sults of  such  election;  and, 

Provided  further,  that  the  first  primary  and  general 
election  held  after  the  adoption  of  this  Charter  shall  be  held 
within  one  hundred  and  twenty  (120)  days  after  the  official 
notification  of  its  approval  by  the  Governor  has  been  re- 
ceived by  the  City  Council,  and  the  manner  of  giving  notice 
and  holding  and  conducting  said  elections,  the  canvassing  o 
the  votes  and  declaring  the  results,  shall  be  as  provided  for 
in  Chapter  XXI  of  this  Charter. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
28th  day  of  February,  1917. 

Approved  this  28th  day  of  February,  1917. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


RESOLUTION  NO.  233. 

Be  it  Resolved  by  the  Commission  of  the  City  of  Phoe- 
nix as  follows: 

That  there  be,  and  is  hereby  proposed,  an  Amendment  to 
the  City  Charter  of  the  City  of  Phoenix,  to  be  submitted  to 
the  qualified  electors  of  the  City  at  the  next  General  Election 
to  be  held  in  the  City  of  Phoenix  on  the  first  Tuesday  in 
April,  1917,  as  follows,  to-wit: 


410 


City  Ordinances 


That  Section  III  of  Chapter  VIII  of  the  Charter  of  the 
City  of  Phoenix,  be  Amended  to  read  as  follows: 

There  shall  be  at  least  one  (1)  City  Magistrate  ap- 
pointed by  the  Commission,  who  shall  be  judge  of  the  City 
Court.  He'  shall  hold  office  for  a term  of  two  (2)  years, 
except  the  first  term  as  herein  provided  for,  or  until  his  suc- 
cessor is  appointed  and  qualified,  unless  sooner  removed 
from  office  in  the  manner  provided  in  this  Charter. 

Provided,  however,  that  in  event  of  absence,  sickness,  or 
other  disability  to  act  of  the  City  Magistrate,  the  Commis- 
sion may  appoint,  from  among  the  officers  and  servants  of 
the  City  of  Phoenix,  an  acting  City  Magistrate,  who  shall 
perform  all  the  functions  and  duties  of  the  City  Magistrate 
during  the  absence,  sickness  or  disability  to  act  of  the  City 
Magistrate,  and  such  acting  City  Magistrate  shall  perform 
said  functions  and  duties  without  further  emolument  other 
than  his  regular  salary. 

Passed  by  the  Commission  of  the  City  of  Phoenix  this 
28th  day  of  February,  1917. 

Approved  this  28th  day  of  February,  1917. 

PETER  CORPSTEIN, 

Attest:  Mayor. 

FRANK  THOMAS,  City  Clerk. 


TOPICAL  INDEX 


This  index  is  arranged  by  chapters  as  shown  by  table  of  con- 
tents immediately  following.  When,  for  instance,  it  is  desired  to 
look  up  any  matter  touching  the  public  peace,  health  and  safety, 
see  “Misdemeanors,”  or  when  reference  is  desired  to  anything  rela- 
tive to  house  building,  plumbing,  gasfitting,  etc.,  see  “Buildings,” 
or  in  connection  with  the  duties  of  any  officer  of  the  city  see 
“Officers  and  Employees.”  The  table  of  contents  can  be  used  as  a 
general  guide  to  the  index. 


TABLE  OF  CONTENTS 


CHAPTER  I. 

MISDEMEANORS  Page 

Offenses  against  the  Public  Peace,  Offenses 
Against  Public  Morals,  Offenses  Against 
the  Public  Health  and  Safety,  Milk  and 
Cream,  Offenses  Against  the  Public 
Safety,  Offenses  Against  Property,  Regu- 
lation of  Business,  Pawnbrokers,  Auto- 
mobiles, Garages,  Untrue  and  Mislead- 
ing Advertisements,  Regulating  Sani- 
tariums, Rabies,  Immoral  Practices,  Pick- 
eting, Property  of  Public  Library, 

Canebas  Indicia,  Sale  of  Arms  and  Am- 
munition, City  Hall  Park,  Parole  of  Prison- 
ers, Circuses,  Street  Carnivals,  etc.,  during 
Fair  Week,  Burning  Rubbish,  etc.,  Gasoline 
Stations,  Employment  Agents,  Narcotics, 

Places  of  Amusement  During  Epidemics, 

Boxing  and  Sparring  and  Wrestling 
Matches,  Clairvoyance,  Astrology,  etc., 

Public  Dance  Halls,  Water  Closets,  Curfew, 

Tents  and  Tent  Houses,  Hospitals,  Blasting.  5 

CHAPTER  II. 

TRAFFIC 

Taxicabs,  Auto  Buses,  Auto  Stages,  Job  Wagons, 

Bicycles,  Railroad  Grade  Crossings,  Motor 
Vehicle  Accidents,  Parking 122 

CHAPTER  III. 

BUILDING 

Plumbing,  Gasfitting,  Electric  Installations,  Dry 
Cleaning  Establishments,  Motion  Pictures 
Exchanges,  Fire  Limits 153 

CHAPTER  IV. 

WATER  WORKS 

Irrigation,  Meters,  Sprinkling 263 

CHAPTER  V. 

LICENSE 

Licenses  282 


Index 

Page 


429 


441 


415 


444 


427 


414 


City  Ordinances 


CHAPTER  VI. 

ELECTIONS  Page 

Elections  291  425 

CHAPTER  VII. 

OFFICERS  AND  EMPLOYEES 

Powers  and  Duties,  Bonds,  Salaries,  Consolidation 
of  Offices,  Pensions,  Parks  and  Playgrounds, 

City  Planning  312  439 

CHAPTER  VIII. 

THE  COMMISSION 

Ordinances,  Procedure,  Order  of  Business,  Special 

Meetings  ..... t 346  415 

CHAPTER  IX. 

TAXES  AND  TAX  LEVIES 

Method  of  Levy,  Collection,  Proceedings  for 

Foreclosure  348  441 

CHAPTER  X. 

STREETS  AND  ALLEYS 

Numbering  Houses,  Tile,  Pole  and  Post  Lines, 

Cement  Sidewalks,  Curbs,  Gutters,  Drive- 
ways, Excavations  355  440 

CHAPTER  XI. 

FRANCHISES 

Gas,  Electricity,  Telephone,  Telegraph,  Street 
Railway,  Railroad,  Compressed  Aair  and  Am- 
monia, Inspection  of  Books,  Reports 365  427 

CHAPTER  XII. 

STREET  RAILWAYS 

Rights  of  Way,  Paving 371  441 

SUPPLEMENT. 

Office  City  Clerk  and  Magistrate  Consolidated, 

Park  and  Playground  Board,  Tubercular 
Cows,  City  Planning  Commission,  Excava- 
tions in  Sidewalks,  Electrical  Installations, 

Salaries  of  Certain  Officers 399  

Amendments  to  City  Charter: 

Elections  — 409  

Acting  City  Magistrate  — . 409  


INDEX 


Ord.  Sec. 

Commission,  The:  No.  No. 

Regular  Meetings  of  150  1 

Order  of  Business  150  2 

Special  Meetings  - 150  3 

Service  of  Call  50  4 

Irregularities  in  Call 150  5 

Cows: 

Tubercular  to  be  Branded 549  

Buildings: 

Access  to  Roofs  113  25 

Air  Supply  in  Theaters  and  Assembly  Halls-..-  113  35 

Aisles  and  Passageways  113  13 

Aisles,  Width  113  13 

Alterations,  Additions  113  6 

Apartment  Houses,  Defined  113  1 

Appendages  and  Cornices  113  11 

Appeal  from  City  Inspector  of  Buildings. 207  

Arbitration  207  

Areas  113  17 

Arches  and  Lintels  113  2 

Asylums  _ 113  2 

Assembly  Halls  113  4-45 

Asbestos  Curtains  113  23 

Awnings  113  14 

Baking  Ovens,  Flues  For 113  20 

Balconies  in  Theaters  113  12 

Balconies  on  Fire  Escapes 113  5 

Balcony,  Defined  113  1 

Band  Stands  42  

Bearing  Powers  of  Soils 113  6 

Bill  Boards  113  16 

Boiler  Rooms  in  Assembly  Halls 113  30 

Boiler  Rooms  in  General 112  18 

Bond  in  Common  Brickwork 113  17 

Bonding  of  Facing  Materials... 113  18 

Booths,  Temporary,  Moving  Picture 113  44 

Brickwork  113  

Bridging,  Class  “B”  Buildings 113  4 

Buildings  Damaged  by  Fire 113  4 


Page 

347 

347 

348 
348 
348 


401 


178 

200 

195 

195 
165 
167 
187 
219 
219 
206 
170 
190 
192 

196 
206 
176 
194 
204 
167 
155 
172 
206 
198 
207 
175 
175 
201 
175 
184 
158 


416 


City  Ordinances 


Buildings  (Cont.) 

Ord. 

No. 

Sec. 

No.  Page 

Buildings  of  One  Class  Used  for  Another 

113 

9 

166 

Building  Inspector  (See  City  Inspector  of 

Buildings)  

Builder’s  Sheds  

42 

155 

Capacity,  Seating  

113 

8 

193 

Certificates  of  Occupancy 

113 

8 

165 

Certificates  of  Temporary  Occupancy 

113 

2 

166 

Chimneys  and  Flues  

113 

20 

175 

Chimneys,  Terra  Cotta 

113 

22 

177 

Chutes  

113 

7 

188 

City  Inspector  of  Buildings,  Powers  and  Duties.. 

1 

325 

Complaints  to  Be  Investigated 

113 

1 

160 

Discretionary  Powers  

198 

1 

217 

Duties  and  Powers  

1 

325 

Inspection  of  Public  Buildings  

113 

9 

159 

Power  to  Close  Buildings  

113 

6 

159 

Right  to  Enter  Buildings 

113 

1 

158 

Revocation  of  Permit  

113 

13 

161 

Required  to  Attend  Fires 

113 

14 

161 

Class  “A”  Buildings  and  Structures 

113 

181 

Definitions  

113 

1 

181 

Elevator  Shafts  

113 

6 

182 

Filler  Walls  

113 

3 

182 

Fireproofing  

113 

7 

182 

Floors  

113 

5 

182 

Interior  Partitions  

113 

4 

182 

Light  Courts,  Walls  of  

113 

4 

182 

Outer  Walls  

113 

2 

181 

Roofs  

113 

9 

184 

Skylights  

113 

10 

184 

Stairways  

113 

8 

183 

Class  “B”  Buildings  and  Structures  

113 

184 

Cornices  

113 

11 

187 

Definitions  •. 

113 

1 

184 

Dumb  Waiter,  Chutes  

113 

7 

186 

Elevators  „ 

113 

7 

186 

Floors  

113 

3 

184 

Interior  Non-Bearing  Partitions  

113 

5 

185 

Light  Courts  — 

113 

8 

186 

Roofs  

113 

9 

187 

Roof  Spaces  

113 

11 

187 

Skylights  

113 

10 

187 

Stairways  

113 

6 

185 

Structural  Metal  

113 

2 

184 

Class  “B”  Special  

113 

187 

City  of  Phoenix 


417 


Ord.  Sec- 

Buildings  (Cont.) — No.  No.  Page 

Class  “C”  Buildings  and  Structures 113  187 

Chutes  113  7 188 

Construction  154  2 214 

Cornices  113  8 188 

Dumb  Waiters  113  7 188 

Elevator  Shafts  113  7 188 

Floors  113  4 187 

Gutters  113  8 188 

Interior  Non-Bearing  Partitions  154  3 214 

Roofs  113  8 188 

Skylights  113  9 188 

Stairways  113  6 188 

Light  Courts  113  3 187 

Class  “D”  Buildings  and  Structures 113  189 

Definitions  113  1 189 

Elevator  Shafts,  Etc 113  5 190 

Floors  . 113  3 189 

Roof  Spaces  113  7 190 

Skylights  113  6 190 

Stairways  113  4 189 

Studding  113  2 189 

Interior  Walls  113  2 189 

Coal  Holes  113  17  206 

Composition  Board  (See  Plaster  Board) 113  29  179 

Condemnation  of  Dangerous  Buildings 113  5 159 

Condemnation  of  Dangerous  Buildings 113  2 158 

Conductor  Pipes  (See  Downspouts) 113  26  178 

Concrete  Construction  .u 113  1 179 

Concrete  Mixers  133  4 180 

Cornices  ,in  General  133  28  178 

Corrugated  Iron  Fences  42  1 155 

Courts  in  Theaters  226  220 

Curtains  113  23  196 

Dangerous  Buildings,  Chimneys,  Etc 113  158 

Dangerous  Buildings,  Emergency  Cases 113  5 159 

Dangerous  Construction  113  11  160 

Definitions  of  Terms  113  1 166 

Doors,  Fire  Protection  for 113  3 171 

Doors  in  Theaters  113  13  194 

Doors  in  Theaters  113  39  200 

Downspouts  113  26  178 

Dressing  Rooms  113  29  198 

Dry  Cleaning,  Regulations  for 443  225 

Definitions  443  1 225 

Smoking  Forbidden  443  9 228 


418 


City  Ordinances 


Ord.  Sec. 

No.  No.  Page 

Dumb  Waiters  _ 113  7 186 

Dumb  Waiters  . . 113  7 188 

Dust  113  5 165 

Elevators  113  7 186 

Elevators  _ 113  7 188 

Elevator  Shafts  113  7 186 

Elevator  Shafts  113  7 188 

Exits  113  10  192 

Exits  __  113  13  194 

Exits  .....: 113  16  195 

Exits,  Emergency  113  13  194 

Exit  Lights  113  33  199 

Exposure  and  Courts,  Theaters 226  220 

Fees  113  11  166 

Fences  42  155 

Filler  Walls,  Class  “A” 113  3 182 

Fire  Doors  113  3 171 

Fire  Limits,  General  107  156 

Fire  Limits,  Special  197  215 

Fire  Protection  113  36  200 

Fire  Protection  for  Openings 11£  3 171 

Fire  Walls  113  14  174 

Fire  places  1 113  21  177 

Fireproof  Paint  113  27  198 

Fireproofing  113  7 182 

Fire  Escapes  113  2 190 

Fire  Escapes  in  General  113  202 

Floor  Registers  in  Theaters  113  31  198 

Floor  Load  Placards  113  15  161 

Floor  Loads  113  1 170 

Floors,  Construction : 

Class  A : 113  5 182 

Class  B 113  3 184 

Class  C 113  4 187 

Flues  113  20  175 

Forms  . 113  5 181 

Footings  113  5 172 

Footlights  113  21  198 

Foundations  113  5 171 

Depth  113  5 171 

Legal  Depth  113  5 172 

Footings  113  5 172 

Underpinning  Walls  113  8 172 

Foundation  Walls  113  5 172 

Foyers  113  19  196 

Frame  Buildings  and  Structures,  Permitted  in  Fire 

Limits  42  155 


City  of  Phoenix 


419 


Ord.  Sec. 

No.  No.  Page 

Frame  Buildings  in  Structures  Permitted  in  Fire 

Limits  199  217 

Fuel  Oil  113  22  209 

Furnace  Pipes  : 113  23  209 

Furred  Walls  113  16  175 

Garages  244  221 

Gas  in  Theaters  113  32  199 

Gas  Heaters  113  25  210 

Gas  Installation  113  25  210 

Gas  Meters,  Location  of  113  25  210 

Gasoline  Pumps  113  12  205 

Gasoline  Storage  .. 113  11  205 

Gasoline  Storage  244  221 

Gasoline  Storage  472  230 

General  Fire  Limits  107  156 

Gutters  and  Downspouts  113  26  178 

Hallways  to  Fire  Escapes  113  7 204 

Handrails  on  Theater  Exits 113  11  193 

Hearths  113  21  177 

Heating  Apparatus  .. 113  31  198 

Heating  Furnaces  and  Appliances 113  21  209 

Hollow  Tile  113  12  173 

Hospitals  113  2 190 

Hot  Air  Pipes  113  23  209 

Hotels  . 113  3 191 

Inclines  in  Theaters  and  Assembly  Halls 113  20  196 

Inspection  of  Public  Buildings 113  9 159 

Interior  Partitions,  Class  “A” 113  4 182 

Interior  Non-Bearing  Partitions,  Class  “B” 113  5 185 

Interior  Non-Bearing  Partitions,  Class  “C” 154  3 214 

Lanterns  on  Materials  in  Streets 113  5 165 

Legal  Depth  for  Foundations 113  5 171 

Lights  in  Theaters  113  32  199 

Light  Courts,  Class  “B”  113  8 186 

Light  Courts,  Class  “C” 113  3 187 

Lintels  113  2 170 

Liquid  Fuel  113  22  209 

Loads,  Allowable  on  Soils 113  6 172 

Loads,  on  Footings  113  5 172 

Loads  on  Floors,  Allowable 113  1 170 

Loads  on  Floors,  Placards... 113  15  161 

Lodging  Houses  113  3 191 

Metal  Sash  113  3 171 

Mirrors  113  37  200 

Mixing  of  Concrete  113  4 180 

Moving  Buildings  116  212 


420 


City  Ordinances 


Moving  Picture  Machines  and  Booths 

Construction  

Door  

Films  

Machine  

Openings  

Temporary  Booths  

Ventilation  

Motion  Picture  Film  Exchanges 

Prohibition  of  Within  Certain  Limits... 

Regulations  of  

Oil  Burners  

Openings,  Fire  Protection  for 

Outer  Walls,  Class  “A” 

Ovens,  Flues  for  

Party  Walls,  Existing  

Partitions,  Interior  Frame 

Passageways  to  Fire  Escapes 

Pavilions  

Penalty  

Permits  „ 

Expire  When  

Failure  to  Obtain  

Fees  for  

For  Occupancy  of  Streets  and  Alleys... 

For  Moving  Buildings 

Revocation  of  

For  Stairways  in  Sidewalks  and  Alleys. 

Picture  Booths  

Piping  in  Walls  

Pipes,  Heating  

Plans  and  Specifications  

Plaster  Board  

Proscenium  Walls  

Prohibiting  Erection  of  Offensive  Buildings. 
Prohibiting  Erection  of  Offensive  Buildings. 

Radiators  in  Theaters  

Ranges  

Recesses  

Reviewing  Stands  

Revocation  of  Permit  

Removing  Forms  

Risers  

Rock  


Ord. 

No. 

Sec. 

No.  Page 

113 

38 

200 

113 

38 

200 

113 

39 

200 

113 

43 

201 

113 

42 

201 

113 

40 

201 

113 

44 

201 

113 

41 

201 

446 

228 

446 

1 

228 

446 

228 

113 

22 

209 

113 

3 

171 

113 

2 

181 

113 

20 

176 

113 

13 

173 

42 

155 

113 

6 

204 

42 

155 

113 

26 

211 

113 

1 

161 

113 

4 

163 

113 

3 

163 

113 

11 

166 

113 

5 

164 

116 

212 

113 

13 

161 

113 

17 

206 

113 

38 

200 

113 

15 

174 

113 

24 

209 

113 

2 

162 

113 

29 

179 

113 

22 

196 

205 

222 

440 

224 

113 

31 

198 

113 

20 

209 

113 

15 

174 

..  42 

155 

113 

13 

161 

113 

5 

181 

113 

12 

194 

113 

1 

168 

City  of  Phoenix 


421 


Ord.  Sec. 

No.  No.  Page 

Roofs: 

Class  A . 113  9 184 

Class  B 113  9 187 

Class  C 113  8 158 

Class  D 113  8 188 

Roof  Gardens  42  155 

Roof  Spaces  113  7 190 

Rubbish  When  Dry  to  Be  Wet 113  5 165 

Sand  113  169 

Sanitariums  113  2 190 

Screened  Enclosures  199  218 

Scuttles  113  25  178 

Scuttles  113  21  196 

Seats  113  17  195 

Sheds  199  218 

Sills  in  Exits  113  16  195 

Sidewalks,  Openings  in  113  17  206 

Signs  99  84  64 

Electric  .. 472  230 

Signboards  ..r. ......  113  16  206 

Skylights : 

Class  B 113  10  184 

Class  C 113  9 188 

piass  D 113  6 180 

Smoke  Nuisance  113  12  160 

Smokestacks  113  23  117 

Soils,  Allowable  Loads  on 113  6 172 

Speakers’  Platforms  42  155 

Standpipes  in  Theaters  .. 113  36  200 

Stage  Ventilation  113  24  197 

Stage  Vestibules  113  25  197 

Stage  Doors  113  13  194 

Stairways : 

Class  B 113  6 185 

Class  C 113  6 188 

Class  D : 113  4 189 

Theaters  and  Assembly  Halls.. 113  9 193 

in  Sidewalks  and  Alleys  113  17  206 

Stamped  Metal  113  29  179 

Steam  Pipes  113  24  209 

Storage  Tanks  113  11  205 

Stresses  and  Weights  of  Materials 113  4 171 

Stoves  113  20  208 

Structural  Metal,  Class  “B” 113  2 184 


422 


City  Ordinances 


Ord.  Sec. 

No.  No.  Page 

Structures  in  Alleys  113  17  206 

Studding,  Class  “D”  113  2 189 

Tenement  Houses  113  3 191 

Tents  440  224 

Terra  Cotta  Chimneys  113  22  177 

Tests  of  Material  113  3 180 

Theaters  and  Assembly  Halls 113  4 192 

Aisles  113  18  195 

Air  113  35  200 

Asbestos  Curtains  ; 23  196 

Balconies  12  194 

Boiler  and  Furnace  Rooms 30  198 

Capacity  8 193 

Courts  226  220 

Curtains  23  J.96 

Doors  39  200 

Dressing  Rooms  29  198 

Emergency  Exits  13  194 

Exit  Doors  113  16  195 

Exit  Lights  113  33  199 

Exposures  and  Courts  226  220 

Fire  Protection  - 113  36  200 

Fireproof  Paint  113  27  198 

Floor  Level  113  5 192 

Footlight  Troughs  113  26  198 

Hand  Rails  113  11  193 

Heating  and  Ventilating  113  31  198 

Height  and  Class  Construction  Assembly  Halls  113  6 192 

Inclines  113  20  196 

Lights  113  32  199 

Lobbies  . 226  220 

Main  Entrance  226  220 

Mirrors  113  37  200 

Moving  Picture  Machines  and  Booths 113  38  200 

Passageways  113  19  196 

Proscenium  Walls  113  22  196 

Scuttle  113  21  196 

Seats  113  17  195 

Stairways  113  9 193 

Stage  Ventilators  113  24  197 

Stage  Vestibules  - 113  25  197 

Standpipes  113  36  200 

Toilet  Rooms  , 113  34  199 

Treads  - 113  12  194 

Ventilators  113  24  197 

Workshop,  Storage  and  Property  Rooms 113  28  198 


City  of  Phoenix 


423 


Ord.  Sec. 

No.  No.  Page 

Toilet  Rooms  in  Theaters 113  34  199 

Trimmer  Arches  113  21  177 

Unsafe  Buildings  113  2 158 

Veneering  of  Frame  Structures 113  19  175 

Ventilating  Apparatus,  Theaters 113  24  197 

Ventilating  Under  Floors  . . 113  24  178 

Vents,  for  Gas  113  25  210 

Walls,  Masonry  . _ 113  18  174 

Bonding  of  113  18  175 

Concrete  Bearing  Walls  . 113  11  173 

Existing  Party  Walls  113  13  173 

Fire  Walls  113  14  174 

Furred  Walls  113  16  175 

Hollow  Tile  113  12  173 

Openings  in  Walls  , 113  3 171 

Recesses  in  Walls  113  15  174 

Retaining  Walls  113  7 172 

Thickness  of  Exterior  Bearing  Walls 305  1 223 

Underpinning  Walls  113  8 172 

Lintels  in  Wall  113  2 170 

Weight  of  Concrete  113  4 180 

Weight  of  Materials  •. 113  4 171 

Window  Openings  Required  in  All  Rooms 113  27  178 

Windows,  Fire  Protection  for 113  3 171 

Wired  Glass  113  3 171 

Work,  Storage  and  General  Property  Rooms 113  28  198 

Wood  Lintels  • 113  2 170 

Wooden  Fences  42  155 

Gas  Fitting  and  Installation 239  251 

Automatic  Water  Heaters,  Burners  on 239  5 253 

Burners,  Number  on  Lines  239  5 253 

City  Inspector  Buildings,  Powers  of 239  4 252 

Cooking  Appliances  239  6 256 

Defective  Installation  239  4 252 

Fees  239  1 251 

Fireplaces  239  5 253 

Furnaces  239  6 254 

Grates  239  5 253 

Hose  Connections  Prohibited  239  6 254 

Inspection  and  Tests  239  2 251 

Approval  239  3 251 

Leaks,  Stopping  239  5 254 

Meters,  Location  of  239  7 257 

Penalty  239  9 257 

Permit  239  1 251 


424 


City  Ordinances 


Ord. 

Sec. 

Gas  Fitting  and  Installation  (Con 

it.)— 

No. 

No.  Page 

Piping  

239 

5 

252 

Sizes  

239 

5 

252 

Test  

239 

5 

254 

Stop  Cocks  

239 

8 

257 

Vents  

239 

6 

254 

Water  Heaters  

239 

6 

205 

For  Tests  Prohibited  .. 

239 

5 

254 

Plumbers  and  Plumbing  

118 

233 

Plumbers  and  Plumbing  

400 

5 

266 

Plumbers  and  Plumbing  

162 

245 

Plumbers  and  Plumbing  

234 

245 

Plumbers  and  Plumbing  

307 

247 

Plumbers  and  Plumbing  

379 

249 

Arbitration  

118 

8 

242 

Board  of  Examiners  

118 

1 

233 

Bond  

118 

1 

235 

City  Inspector  of  Buildings, 

Powers 

of 

118 

2 

235 

Examinations  

118 

1 

233 

Fixtures  

118 

7 

241 

Fixtures  

234 

8 

247 

Inspections  and  Tests  

118 

3 

236 

Journeyman  Plumber,  Defined  

118 

1 

235 

License,  Applications  

118 

1 

234 

License,  in  General  

118 

1 

233 

Master  Plumber  

118 

1 

235 

Notice  for  Inspections  

118 

9 

244 

Permit  

118 

2 

235 

Fees  

118 

5 

237 

Penalties  

118 

9 

243 

Soil  pipes  

118 

4 

237 

Soil  Pipes  

234 

245 

Traps  

118 

5 

239 

Traps  

234 

4 

246 

Drawn  Tubing  

307 

1 

247 

Vents  

118 

6 

240 

Waste  Pipes  

234 

245 

Defined  . 

118 

4 

237 

Size  

378 

248 

Electric  Installation  

461 

258 

Bond  

.....  461 

6 

259 

Certificate  of  Registration  .. 

461 

4 

258 

Unlawful  to  Do  Business  Without 

461 

5 

259 

Revocation  of  

461 

7 

259 

City  Inspector  of  Buildings, 

Powers 

of 

461 

4 

258 

Concealed  Construction  

461 

11 

260 

City  of  Phoenix 


425 


Ord.  Sec. 

Electric  Installation  (Cont.) No.  No.  Page 

Damages  461  16  262 

Entry  on  Premises,  Right  of ..  461  12  260 

Fees  v 461  13  261 

Amendments  563  404 

For  Extra  Inspection  461  14  262 

To  Whom  Paid  461  15  262 

Inspection,  Certificate  of  461  10  260 

Liability  461  19  263 

National  Electric  Cock  461  3 258 

Permit  f 461  2 258 

Penalty  461  17  263 

Registration  461  4 258 

Specifications,  Approval  of  461  8 259 

Elections  209  292 

Affidavit  of  Registration  330  4 306 

City  Clerk  Must  Preserve 330  5 306 

Arrest,  Electors  Privileged  From 209  2 293 

Ballots,  Official,  Form  of 209  295 

Spoiled  209  4 295 

Marked,  to  Be  Rejected.. 209  6 298 

Voter  Exhibiting  209  5 296 

More  Names  Written  on  Than  Persons  to 

Be  Elected  209  4 298 

Written  Names  to  Control  Over  Printed 
of  Same  Person  Two  or  More  Times 

on  Ballot  209  5 298 

Voter  Showing  209  5 296 

Boxes  209  1 294 

to  Be  Exhibited  by  Inspector 209  10  297 

Clerk  330  12  307 

Board  of  Elections  (See  Election  Boards)....  209  1 293 

Booths  209  1 294 

Blanks  209  2 293 

Canvassing  and  Returning  the  Vote 209  301 

How  Commenced  209  1 301 

Ballots  Folded  Together  209  3 301 

in  Excess  of  Number  Cast.... ..  209  4 302 

to  Be  Strung  209  8 302 

Sealed  209  9 302 

Count  209  6 302 

Tallies  . 209  7 302 

Certificate  of  Board  of  Elections.. 209  10  302 

List  Retained  by  Inspector... 209  11  303 

Returns  to  be  Returned  to  City  Clerk.  ..  209  12  303 

Duty  of  City  Clerk  209  13  303 


426 


City  Ordinances 


Ord.  Sec. 

Elections  (Cont.) — No.  No.  Page 

Canvassing  Board  209  1 303 

Meets  When  209  1 303 

Canvass,  How  Made  209  2 303 

Certificate  of  Election  209  4 305 

Challenging  (See  Voting  and  Challenging) 

Destroying  Election  Placards  209  6 296 

Decision  of  Board  as  to  Legality  of  Ballot 209  9 299 

Election  Boards,  Compensation  of 209  2 293 

Commission  Must  Appoint  269  2 293 

Election  Precincts,  Commission  Must  Designate  .269  2 293 

City  Divided  into  Twelve 331  308 

City  Divided  into  Twelve 432  310 

Electors,  Privileged  From  Arrest 209  2 292 

Privileged  From  Militia  Duty ..  209  2 293 

Fifty-foot  Limit  209  8 296 

General  Elections,  When  Held 209  1 292 

Great  Register  330  300 

Inspector,  Duties  of  209  2 293 

Instructions  to  Voters  209  8 296 

Misfeasance  by  Election  Officer 209  2 293 

Marked  Ballot  209  6 298 

Names,  More  on  Ballot  Than  Candidates  to  Be 

Elected  209  4 298 

Written  to  Control  Over  Printed  of  Same 

Candidate  More  Than  Once  on  Ballot....  209  5 298 

Oaths,  Who  May  Administer 209  3 293 

Place  of  Holding  Elections,  Commission  to 

Designate  . 209  2 293 

Polling  Lists  209  1 297 

Polls,  Time  of  Opening  209  9 297 

Time  of  Closing  209  9 297 

Polling  Lists  209  1 297 

Precinct  Register  330  9 307 

Primary  Election  209  384 

Qualifications  of  Voters  330  3 305 

Registration  of  Voters  330  305 

No  Fee  to  Be  Charged  for 209  2 293 

Cancellation  of  330  7 306 

Certified  Copy  of  330  8 306 

as  Prima  Facie  Evidence 330  10  307 

Register,  Great  330  1 305 

Precinct  330  9 307 

When  Closed  330  11  307 

Rejected  Ballots,  Duty  of  Election  Board 209  7 299 

to  Be  Preserved  and  Marked 209  8 299 


City  of  Phoenix 


427 


Ord. 

Sec. 

No. 

No. 

Page 

Rules  for  Determining  Challenge  

209 

11 

300 

Spoiled  Ballots  

209 

4 

295 

Showing  Ballot  by  Voter  

209 

5 

296 

Talley  Lists  

209 

2 

298 

Want  of  Same  in  

209 

3 

298 

Voting  and  Challenging  .. 

209 

299 

Duty  of  Inspector  . 

209 

3 

299 

Duty  of  Judges  

209 

5 

299 

Duty  of  Clerks  

209 

6 

299 

List  of  Challenges  

209 

12 

301 

Voting,  Manner  of  

330 

12 

307 

Manner  of  

209 

3 

395 

Manner  of  

209 

299 

Franchises,  in  General  (See  Chapter  XI) 

365 

Ammonia  and  Compressed  Air.  L.  D.  Copeland 

228 

374 

Amendment  

329 

378 

Bill  Boards.  Albert  S.  Arthur 

281 

377 

Books  of  Franchise  Holders,  Inspection  of 

360 

384 

Compressed  Air  and  Ammonia.  L.  D.  Copeland 

228 



374 

Amendment  

329 

378 

Electric  Light  System,  Phoenix  Light  Fuel  Co. 

(See  also  Street  Rys.)  

326 

377 

Gas,  to  Hutchlon  Ohnick  

53 

365 

Phoenix  Light  & Fuel  Co 

238 

375 

Railroad,  M.  P.  & S.  R.  U.  R.  R. 

370 

379 

Reports  by  Franchise  Holders  

360 

384 

Street  Railway.  J.  0.  Dunbar 

123 

368 

Amendment  

162 

371 

Amendment  

174 

371 

Telegraph  System,  Santa  Fe 

189 

372 

Western  Union  

220 

373 

Telegraph  Poles,  Phoenix  & Eastern 

328 

379 

Telephone  Exchange.  Jerry  Millay 

107 

367 

Wakelin,  Heard  and  Foss 

429 

382 

Irrigation,  in  General  

410 

272 

in  West  Capitol  Addition  

47 

277 

Licenses,  in  General  

..  54 

282 

for  Advertisers  

54 

8 

285 

by  Bill  Posting  

54 

8 

285 

Show  Cards  

54 

8 

285 

Street  Car  Advertising  

54 

8 

285 

Sign  Painting  

54 

8 

285 

Hand  Bills  

54 

8 

285 

Animals  Shows  

428 

288 

428 


City  Ordinances 


Ord.  Sec. 

Licenses  (Cont.) — No.  No.  Page 

Bowling  Alleys  54  9 285 

Billiard  Halls  . _ 54  10  285 

Carnivals  428  288 

Cigarette  Manufacturers  54  16  285 

Circuses  428  288 

Detective  Agencies  .. .. 54  17  285 

Fruit  Packers,  Peddlers,  Etc _ 54  18  285 

Gold  Ware  Peddlers  . 50  20  285 

Hawkers  54  19  285 

Hide  Dealers  54  23  286 

Jewelry  Peddlers  54  20  285 

Merry-Go-Round  54  21  286 

Menageries  .. 428  288 

Peddlers  54  19  285 

Plated  Ware  Peddlers  54  20  285 

Pelt  Dealers  . 54  23  286 

Pawn  Brokers  54  22  286 

Pool  Halls  . . 54  10  285 

Public  Exhibitions  54  28  286 

Steam  Railroads  54  24  286 

Street  Railroads  54  26  286 

Street  Car  Advertisers  54  8 285 

Show  Card  Advertisers  54  8 285 

Silver  Ware  Peddlers  54  20  285 

Ten  Pin  Allies  54  9 285 

Theaters  54  27  286 

Transient  Merchants  54  25  286 

Watch  Peddlers  54  20  285 

Wool  Dealers  54  23  286 

Application  for  54  2 283 

Contents  of  54  3 283 

Display  of  54  5 284 

Hawkers  Defined  54  1 283 

Paid  for  in  Advance  54  4 284 

Peddlers  Defined  54  1 283 

Penalty  54  1 282 

Permits,  Temporary  to  Peddlers 54  19  285 

Permits,  Billiard  and  Pool  Halls 167  287 

Pro  Rating  54  4 284 

Transient  Merchant  Defined  54  1 283 

Transfer  54  3 284 

Temporary  Permits  54  19  285 


City  of  Phoenix 


429 


MISDEMEANORS 

Adultery  

Advertisement,  scattering  on  streets,  etc .. 

Untrue  and  Misleading 

Advertising  Signs,  on  Corners 

Alarm,  Turning  in  False .. 

Turning  in  for  Fire  Outside  City  Limits 

Alley — See  Streets  and  Alleys 

Ammunition,  Dealing  

Animals: 

Cleanliness  of  Places  Where  Kept 

Cruelty  to  

Grazing  or  Feeding  on  Streets,  etc jfe 

Obstruction  of  Streets  by 

Obstruction  of  Streets  by 

Running  at  Large  

Running  at  Large 

Tying  to  Trees,  Lamp  Posts,  etc. 

Areas,  Digging  of  in  Streets  and  Alleys 

Arms,  Regulating  Sale  of 

Arrests,  Chief  of  Fire  Department  May  Make 

Assault,  Defined  

By  Spitting  

Punishment  

When  Violence  Does  Not  Amount  to 

Assault  and  Battery,  How  Committed 

Punishment  . 

Assembly,  Disturbing  

Prohibited  During  Epidemics 

For  Religious  Worship 

Assignation,  Keeping  Place  of 

Astrology,  Practice  Prohibited 

Auction  on  Streets,  etc 

Automobiles,  Taking  Without  Permission  for  tem- 
porary Use  ... 

Keeping  Station  Open  After  11  p.  m 

Awnings  

Barns,  How  and  Where  Constructed 

Basement,  Digging  of  in  Street  or  Alley 

Battery,  Defined  

Punishment  

When  Violence  Does  Not  Amount  to 

Bees,  Keeping  of  Unlawful 

Bells,  Ringing  of,  Suspended  When 


Ord. 

Sec. 

No. 

No.  Page 

99 

44 

17 

99 

92 

62 

136 

94 

99 

94 

64 

99 

81 

55 

99 

81 

55 

99 

188 

104 

99 

56 

23 

99 

26 

12 

99 

78 

54 

99 

78 

54 

99 

63 

51 

99 

78 

55 

99 

82 

55 

99 

78 

54 

99 

99 

71 

188 

104 

99 

128 

87 

99 

TVz 

8 

99 

11 

9 

99 

8 

9 

99 

12 

9 

99 

7% 

8 

99 

10 

9 

99 

5 

8 

242 

111 

99 

6 

8 

99 

35 

14 

326 

114 

99 

75 

54 

99 

111 

77 

218 

108 

99 

94 

64 

99 

56 

23 

99 

99 

71 

99 

7% 

8 

99 

9 

9 

99 

12 

9 

99 

62 

51 

99 

80 

55 

430 


City  Ordinances 


Benches  in  City  Hall  Park 

Bicycles,  Taking  Without  Permission  for  Tem- 
porary Use  

Billy,  Sale  of,  etc 

Billiard  Room,  Permitting  Minors  to  Frequent 

Black-jack,  Selling,  etc 

Blasting  in  City  '. 

Bombs,  Throwing  

Books,  Selling  or  Giving  Indecent,  etc 

Booths  or  Stands  on  Sidewalks 

Bottles,  Throwing  on  Streets 

Bowling  Alleys,  When  Closed 

Boxing  Matches,  Perriftts  

Regulation  of  

Brass  Knuckles,  Selling,  etc 

Brush,  Burning  

Bridges,  Altering,  etc.  

Brick  Yards  

Brush,  Removal  of  by  Account  of  Premises 

Building  Material  on  Streets,  Alleys  and  Sidewalks.. 
Buildings  and  Structures,  Removal  of  Dangerous.. .. 

Burglary,  Possession  of  Tools  for 

Making,  etc.,  Tools  of 

Burial  of  Human  Body  in  City  Limits  Prohibited.  .. 

Business  District,  Defined 

Sweeping  Sidewalks  in 

Calcium  Carbide,  Storage  of 

Cannebas  Indica  

Cellar,  Digging  of,  in  Streets  and  Alleys 

Cesspools,  Abatement  of 

Chickens:  See  Poultry 

Children  Not  Allowed  on  Streets  Between  Certain 

Hours  — — — 

Children,  Using  Obscene  Language  in  Presence  of.. 

Clairvoyants,  Prohibited  

Circuses,  Menagerie,  etc.,  Prohibited  Fair  Week.... 

Coal  Hole,  Digging  of  in  Streets  and  Alleys 

Collection  Agencies,  Regulation  of 

Combustible  Materials,  Use  of  Light  Near.... 

Burning  - — 

Concealed  Weapons,  Carrying 

Congregating  on  Side  walk 

Construction  Clause  — - 


Ord.  Sec. 

No.  No.  Page 


189  105 

99  111  77 

99  3 7 

99  41  15 

99  3 7 

455  121 


99  20  11 

99  23  12 

99  70  53 

99  65  51 

99  42  16 


394  ......  113 

529  ......  118 

99  3 7 

211  108 

99  96  69 

363  6 


99  105  74 

99  72  53 

99  106  75 

99  16  10 

99  16  10 

99  46  18 

99  52  19 

99  52  19 

99  89  59 


187  ......  103 

99  99  71 

99  57  25 


398  116 

99  24  12 

326  114 

203  107 

99  99  71 

99  125  83 

99  59 

211  108 

99  3 7 

99  21  11 

99  130  88 


City  of  Phoenix 


431 


Ord.  Sec. 


No. 

No. 

Page 

Corrals,  Definitions  - 

99 

56 

23 

How  and  Where  Constructed. 

99 

56 

23 

Keeping  of  Manure  in 

99 

56 

23 

Cream,  Definition  of  (See  Milk) 

99 

61 

40 

Culverts,  Altering  Its  

99 

96 

6u 

Curbs,  Construction  of  „ 

99 

119 

/8 

Obstruction,  Permit  for  

99 

66 

52 

Curfew  - 

398 

116 

Dangerous  Buildings  and  Structures,  Removal  of.... 

99 

106 

75 

Death  Certificate  

99 

59 

SI 

Debris,  Removal  of  by  Residents.. ... 

99 

105 

74 

Defacing  Public  Urinals  and  Closets 

99 

102 

72 

Dirt,  Removal  of  by  Residents 

99 

105 

74 

Sweeping  Onto  Sidewalks 

99 

49 

19 

Sweeping  Into  Gutters 

99 

50 

19 

Disease,  Contagious  

99 

59 

27 

Duties  of  Physicians 

99 

59 

27 

City  Health  Officer  

99 

59 

27 

Disinfection  

99 

59 

30 

Placards  

99 

59 

29 

Quarantine  

99 

59 

29 

Disorderly  Conduct  

99 

27 

12 

Disorderly  House,  Keeping  

99 

1 

7 

Keeping  

99 

35 

14 

Inmates  of  

99 

36 

14 

Disturbing  Assembly  

99 

5 

8 

Disturbing  the  Peace  

99 

6 

8 

Ditches,  Altering  Streets  

99 

96 

69 

Dodgers,  Distributing,  etc.,  on  Streets,  etc 

99 

92 

62 

Dogs,  Female  Not  to  Run  at  Large 

99 

85 

58 

To  Be  Taxed  and  Muzzled 

99 

85 

57 

Tags  

99 

85 

57 

Tax  

99 

85 

57 

Vicious,  not  to  Run  at  Large  Without  Muzzle- 

99 

85 

58 

Driving  at  Excessive  Speed 

99 

62 

51 

Drunken  Conduct  or  Condition 

99 

27 

12 

Electric  Light  Jobs,  Altering 

99 

96 

69 

Conduits  

99 

96 

69 

Lines  

99 

96 

69 

Wiring  , 

99 

96 

69 

Electric  poles  in  Streets  and  Alleys,  How  Placed.... 

99 

98 

70 

To  Be  Placed  in  Alleys  Only,  When 

99 

98 

70 

Electric  Signs  

99 

95 

65 

432 


City  Ordinances 


Ord. 

No. 

Sec. 

No.  Page 

Elevator  Shaft,  Digging  in  Street  and  Alley 

99 

99 

71 

Employment  Agents,  Sending  Labor  Out  of  State.... 

219 

109 

Epidemics,  Certain  Meetings  Prohibited  During 

242 

111 

Escape  From  City  Jail 

99 

7 

8 

Exhibitions  and  Plays,  Indecent  and  Immoral 

99 

25 

12 

Exposure  of  Person,  Indecent 

99 

22 

11 

False  Personation  of  Officer 

99 

62 

50 

Fences,  Certain  Kinds  Prohibited 

99 

104 

74 

Fenders,  Street  Cars  Must  Have 

99 

87 

59 

Fire  Alarm,  Turning  in  False 

99 

81 

55 

For  Fire  Outside  City  Limits 

99 

81 

55 

Firearms,  Discharging  

99 

2 

7 

Fire  Crackers,  Throwing,  etc 

99 

20 

11 

Fire  Department,  Injuring  or  Defacing  Property  of 

99 

116 

78 

Fireworks,  Discharge  of  Prohibited 

99 

90 

60 

Permit  for  

99 

90 

60 

Storage  and  Display  of 

99 

90 

61 

Flies,  Prevention  of  

99 

56 

23 

Flour,  Throwing  Against  Person  of  Another 

99 

20 

11 

Flumes,  Altering,  etc 

99 

96 

69 

Foods  

99 

60 

31 

Adulterated,  Diseased,  etc.  

99 

60 

32 

Exposure  of  for  Sale 

99 

60 

31 

License  of  Peddlers  of 

99 

60 

33 

Milk,  Test  of  

99 

60 

34 

Obstructing  Health  Officer 

99 

60 

33 

Powers  of  Health  Officer  in  Regard  to 

99 

60 

32 

Premises,  Where  Kept  for  Sale 

99 

60 

32 

Force,  Lawful  

99 

18 

9 

Fornication  

160 

99 

Fortune  Telling,  Prohibited  

326 

114 

Garages,  Regulating  

110 

91 

Gambling,  Permitting  Minors  to  Patronize 

99 

39 

15 

Prohibited  

99 

41 

16 

Garbage,  Cans  

99 

55 

22 

Defined  

99 

55 

21 

Duty  of  Householder  Regarding 

99 

55 

21 

Depositing  on  Streets,  Alleys,  etc 

99 

47 

21 

Garbage,  Dumping  in  Street 

99 

55 

21 

Hours  for  Hauling  in  Business  District 

99 

55 

22 

Persons  Prohibited  From  Hauling.... .' — 

99 

55 

22 

Permit  for  Hauling 

99 

55 

20 

Vehicles  

99 

55 

21 

Gas  Mains,  Altering,  etc 

99 

96 

69 

City  of  Phoenix 


433 


Gas  Mains  (Cont.)  — 

Pipes,  Altering,  etc 

Conduits,  Altering,  etc 

Gasoline  Stations,  Keeping  Open  After  11  p.  m 

Glass,  Scattering  on  Street 

Goats,  Keeping  in  City 

Goods,  Wares  and  Merchandise: 

Closing  Sidewalk  for  Display  of 

Obstructing  Street,  Alley  or  Sidewalk  With.... 

Grass,  Burning  

Gutter,  Obstructing,  Permit  for 

Throwing  Dirt,  Gravel,  Cement,  etc.,  Into 

Guinea  Pigs,  Keeping  in  City 

Guy  wires  

Hay,  Storage  of  in  Fire  Limits 

Use  of  Light  Where  Stored 

Hose,  Fire,  Drawing  Vehicle  Across 

Hospital,  Making  Unnecessary  Noise  Near 

Horse,  Permitting  to  Stand  Untied 

Huckster  License  

Ice  Cream,  Candy,  etc.,  Selling  From  Wagon  Near 

School  

Ill  Fame,  Keeping  House  of 

Frequenting  House  of 

Inmate  of  House  of 

Immoral  Practice,  Renting  House,  etc.,  for 

Indecency,  Public  

Indecent  Exposure  of  Person 

Inflammable  Liquid  

Irrigation  Ditches,  Polluting  

Jacks,  Standing  for  Service  in  City 

Hitching  in  City  

Job  Wagons,  License  

Regulation  of  

Junk,  Collectors  

Junk,  Dealers  

Junk,  Purchase,  etc.,  From  Minor 

Jury  Trials  in  City  Court 

Language,  Using  Vulgar  and  Obscene 

Larceny  

Loafing  and  Loitering  on  Sidewalk 

Lewd  or  Obscene  Singing  

Liquid,  Volatile  or  Inflammable,  Storage 

Malicious  Mischief  


Ord. 

No. 

Sec. 

No. 

Page 

99 

96 

69 

99 

96 

69 

218 

108 

99 

65 

51 

99 

103 

73 

99 

67 

52 

99 

73 

53 

211 

108 

99 

66 

52 

99 

50 

19 

99 

103 

73 

313 

5 

99 

88 

59 

99 

88 

59 

99 

115 

78 

453 

120 

99 

62 

51 

99 

124 

82 

99 

126 

87 

99 

35 

14 

99 

37 

14 

99 

36 

14 

99 

38 

1£ 

99 

40 

15 

99 

22 

11 

110 

91 

99 

53 

20 

99 

84 

57 

99 

84 

57 

99 

124 

82 

99 

122 

80 

21 

88 

21 

88 

99 

112 

77 

99 

127 

87 

99 

24 

12 

99 

113 

77 

99 

21 

11 

99 

22 

12 

110 

91 

99 

100 

72 

434 


City  Ordinances 


Ord.  Sec. 


No.  No.  Page 

Manure  99  56  23 

Marahuana  187  103 

Market,  Public  99  123  81 

Wagons  99  123  81 

Mediumism,  Practice  of  Prohibited 326  114 

Meetings,  Disturbing  99  5 8 

Menageries,  etc.,  Prohibited  Fair  Week 203  107 

Motor  Bicycles,  Taking  for  Temporary  Use  Without 

Permission  99  111  77 

Milk  Bottles,  to  Be  Cleaned  and  Returned 249  113 

Larceny  of  249  113 

Milk  and  Cream  , 99  61  34 

Adjusted  Milk  99  61  41 

Adulterations  and  Misbranding  99  61  48 

Buttermilk  99  61  40 

Contagious  Diseases,  Quarantine  of  Milk 99  61  47 

Duty  of  Health  Officer 99  61  49 

Cows,  Care  of  99  61  44 

Cream  61  40 

Creameries  99  61  46 

Dairy  Scores  99  61  48 

Definitions  99  61  39 

Grade  A Guaranteed  Milk  and  Cream 99  61  35 

Grade  A Inspected  Milk  and  Cream 99  61  35 

Grade  A Pasteurized  Milk  and  Cream 99  61  36 

Grade  B Selected  Milk  and  Cream  (Raw) 99  61  37 

Pasteurized  Milk  and  Cream 99  61  37 

Grade  C Pasteurized  Milk  or  Cream  for  Ice 

Cream  Only  99  61  38 

Grade  D Milk  and  Cream  for  Cooking  and 

Manufacture  Only  99  61  39 

Heated  Milk  or  Cream — 99  61  41 

Modified  Milk  99  61  41 

Milk  Definitions  99  61  39 

Milk  Tickets  99  61  44 

Milking  Place  99  61  44 

Milkers  99  61  45 

Milk  Houses  99  61  46 

Pasteurization,  Process  99  61  40 

Permits,  Application  for  99  61  42 

No  Sale  Without  99  61  34 

Revocation  of  99  61  44 

Privies,  Area  Located  at  Dairies 99  61  46 

Skimmed  Milk  99  61  40 


City  of  Phoenix 


435 


Milk  and  Cream  (Cont). 

Substandard  Milk  

Stagnant  Water  

Stores,  Shops,  How  Milk  Kept  in 

Utensils  

Vehicles  

Water  

Nails,  Scattering  on  Street 

Narcotics,  Possession  or  Use  of 

Notices,  Distributing  on  Streets,  etc 

Noise,  Near  Hospitals  

Nuisance  

Obscene  Books,  etc.,  Selling  or  Giving. 

Obscene  or  Lewd  Singing  

Officer,  Assaulting  

Obstructing  

Personation  of  

Oil  Stations,  Keeping  Open  After  11  p.  m 

Openings,  Digging  in  Street  or  Alley 

Opium,  Maintaining  Joint  

Renting  or  Using  House  for  Smoking 

Selling  or  giving  Away 

* Utensils  for  Smoking  

Palmistry,  Prohibited  

Paper,  Selling  or  Giving  Away  Obscene,  etc 

Burning  

Parks,  Excavating  in  

Parole  of  Prisoners  

Patent  Medicines,  Distributing  Samples 

Pavements,  Altering  

Pawn  Brokers  

Pawn  Brokers  

Peddler,  License  of  

Penal,  Clause  General  

Person,  Exposure  of  

Picketing  

Picture,  Selling  or  Giving  Away  Obscene,  etc. 

Pimps,  Panderers,  Soliciting  for  Prostitute 

Reputation  for  a Prima  Facie  Evidence... 

Loitering  in  Public  Places 

Placards,  Distributing,  etc.,  on  Streets 

Play,  Immoral  or  Indecent  

Plumbing  Inspector,  Interfering  With 

Poison,  Administering  to  Animals 

Policemen,  Assaulting  or  Obstructing 


Ord. 

Sec. 

No. 

No. 

Page 

99 

61 

41 

99 

61 

46 

99 

61 

46 

99 

61 

45 

99 

61 

45 

99 

61 

45 

99 

65 

51 

240 

110 

99 

92 

62 

453 

120 

99 

97 

70 

99 

23 

12 

99 

22 

12 

99 

17 

11 

99 

17 

11 

99 

62 

50 

218 

108 

99 

99 

71 

99 

28 

13 

99 

29 

13 

99 

28 

13 

99 

30 

13 

326 

114 

99 

23 

12 

211 

108 

99 

96 

69 

200 

106 

99 

91 

62 

99 

96 

69 

99 

93 

63 

21 

88 

99 

124 

82 

99 

129 

87 

99 

22 

12 

163 

100 

99 

23 

12 

99 

31 

13 

99 

34 

14 

99 

32 

13 

99 

92 

62 

99 

25 

12 

99 

103 

73 

99 

14 

9 

99 

17 

11 

436 


City  Ordinances 


Poolrooms,  Permitting  Minors  to  Frequent 

Posters,  Distributing,  etc.,  on  Streets,  etc 

Poultry,  Keeping  of  in  City 

Prisoners,  Releasing  From  Jail 

Parole  of  

Privies,  Open  Abated  

Prostitutes,  Boisterous  Conduct  of 

And  Panderers,  Loitering  in  Public  Places 

Soliciting  by  and  for  

Prostitution,  Frequenting  Place  of  

Keeping  Houses  of  

Renting  Houses  for  Keeping  of 

Reputation  for  Prima  Facie  Evidence,  etc 

Public  Buildings,  Spitting  in  

Grounds  

Parks  

Conveyances  : 

Library,  Defacing  Books,  etc 

Public  Markets  

Meetings,  Prohibited  During  Epidemics 

Quarantine  (See  Diseases) .... 

Rabbits,  Keeping  in  City  

Rabies  .. 

Refuse  (See  Garbage)  

Receiving  Stolen  Goods  

Releasing  Prisoners  

Religious  Worship,  Disturbing  Meetings  for 

Rubbish,  Removal  by  Residents  

Samples  of  Patent  Medicines,  Distributing 

Sand,  Throwing  Against  Person  

Second-Hand  Dealers  

Seership,  Prohibited  

Sewer  Mains,  Altering  

Manholes  

Pipes  

Privies  and  Lavatories  to  Be  Connected  With- 

Shooting  Galleries  

Sidewalks: 

Altering  

Animals  Running  at  Large  on 

Auctions  on  i 

Booths  and  Stands  on  

Building  Materials  on  

Permit  for  


Ord. 

Sec. 

No. 

No.  Page 

99 

40 

15 

99 

93 

63 

99 

109 

76 

99 

19 

11 

200 

106 

99 

57 

25 

99 

33 

13 

99 

32 

13 

99 

31 

13 

99 

37 

14 

99 

35 

14 

99 

38 

14 

99 

34 

14 

99 

54 

20 

99 

54 

20 

99 

54 

20 

99 

54 

20 

185 

102 

99 

123 

81 

212 

111 

99 

59 

29 

", 

103 

' 73 

144 

98 

99 

114 

77 

99 

19 

11 

99 

6 

8 

99 

105 

74 

99 

91 

62 

99 

20 

11 

21 

88 

326 

114 

114 

96 

69 

99 

96 

69 

99 

96 

69 

99 

57 

25 

99 

36 

58 

.9$ 

96 

69 

99 

78 

54 

99 

75 

54 

99 

70 

53 

99 

71 

53 

99 

72 

53 

City  of  Phoenix 


437 


Ord.  Sec. 

Sidewalks  (Cont.) — No.  No.  Page 

Discharge  of  Water  Onto 99  74  53 

Display  of  Goods,  Wares  and  Merchandise  on..  99  67  52 

Excavation  in  : 99  96  69 

Excavation  in  99  68  52 

Warning  to  Pedestrians  99  68  52 

Removing  Lights,  etc 99  69  52 

Gathering  Crowd  on  99  75  54 

Grazing  or  Feeding  Animals  on 99  78  54 

In  Business  District,  Sweeping.... 99  51  19 

Laying  of  99  120  79 

Contractor  to  Stamp  His  Name  on 99  121  79 

Loitering  or  Loafing  on  99  21  11 

Obstructing  by  Animals  99  78  54 

Obstruction  of,  With  Goods,  etc 99  73  53 

Obstructing  by  Offensive  Conduct 99  63  51 

Removal  of  Refuse  by  Abutting  Owners 99  105  74 

Riding  Bicycle  on  99  77  54 

Scattering  Glass,  etc.,  on 99  65  51 

Spitting  on  99  54  20 

Sweeping  Dust  and  Dirt  Onto 99  49  19 

Vending  on  99  75  54 

Signs  Across  Street  or  Alley 99  94  64 

Electric  99  95  65 

On  Street  Intersection  99  94  64 

Over  Sidewalk  99  94  64 

Weight  of  99  94  64 

Skating  Rinks  99  42  16 

Slaughter  Houses  99  58  26 

Smoking,  Theaters,  Garages,  etc 145  98 

Songs,  Singing  Lewd,  etc 99  22  12 

Soothsaying,  Prohibited  326  114 

Speed,  Driving  Animals  at  Excessive 99  62  51 

Spiritualism,  Practice  Prohibited  326  114 

Spitting  in  Face  99  11  9 

On  Sidewalks,  Public  Grounds,  etc 99  54  20 

Street  Cars  99  54  20 

Stairways,  Excavations  for  in  Streets  and  Alleys....  99  99  71 

Stallions,  Not  to  Be  Stood  for  Service  in  City 99  84  57 

Hitched  in  City  99  84  57 

Streets  and  alleys: 

Animals  Running  at  Large  on 99  78  54 

Auctions  on  99  75  54 

Awnings,  Posts  on  99  98  70 

Depositing  Garbage  on  99  47  18 


438 


City  Ordinances 


Streets  and  Alleys  (Cont.)  — 

Digging  Up  for  Sewer  Connection 

Electric  Poles  in  

Excavations  in  of  a Coal  Hole  or  Basement.... 

Warning  to  Travelers 

Removing  Lights,  etc 

Excavations  in  

Gathering  Crowd  on  

Grazing  or  Feeding  Animals  on 

Laying  Tracks  on  

Obstruction  of  by  Animals  

Offensive  Conduct  

Goods,  etc 

Pavements,  Altering  

Permits  to  Obstruct  

Poles  in  

Porch  Posts  on  

Posts  on  

Scattering  Glass,  etc.,  on 

Sweeping  Dust  and  Dirt  Onto 

Telegraph  and  Telephone  Poles  on 

Tree  Line  

Street  Cars,  Must  Have  Fenders 

Spitting  on  

Swill  

Tacks,  Scattering  on  Street  

Tanks,  for  Storage  Inflammable  Liquid 

Tapping  Pipes,  Mains,  etc.,  Without  Permit. 

Telephone  and  Telegraph  Lines,  Altering 

Conduits,  Altering  

Wires,  Altering  

Poles,  Altering  

In  Streets  and  Alleys  

Tents  and  Tent  Houses,  Prohibited  

Theaters,  Indecent  Exhibitions  in. 

To  Be  Closed  During  Epidemics. 

Board  of  Censors  

Tracks,  Laying  on  Streets  and  Alleys 

Steam  and  Electric  Ry.,  Laying,  Altering,  etc. 

Tools,  Purchase,  etc.,  From  Minors 

Tree  Line  on  Streets  

Trees,  Injuring  or  Destroying  

Planting,  Removing,  etc 

Trespass  

Tuberculosis,  Sanitariums,  etc 


Ord. 

Sec. 

No. 

No. 

Page 

99 

109 

76 

99 

98 

70 

99 

99 

71 

99 

68 

52 

99 

69 

52 

99 

96 

69 

99 

75 

54 

99 

78 

54 

99 

76 

54 

99 

78 

54 

99 

63 

51 

99 

73 

53 

99 

96 

69 

99 

66 

52 

99 

98 

70 

99 

98 

70 

99 

98 

70 

99 

65 

51 

99 

50 

19 

99 

98 

70 

99 

107 

76 

99 

87 

59 

99 

54 

20 

99 

55 

20 

99 

65 

51 

110 

91 

99 

109 

76 

99 

96 

69 

99 

96 

69 

99 

96 

69 

99 

96 

69 

99 

98 

90 

531 

119 

99 

45 

17 

242 

111 

99 

45 

17 

99 

76 

54 

99 

96 

69 

99 

112 

77 

99 

107 

76 

99 

100 

72 

99 

96 

69 

99 

108 

76 

143 

95 

City  of  Phoenix 


439 


Ord. 

No. 

Sec. 

No.  Page 

Tubercular  Cows,  Branding  .. 

549 

401 

Usury  . 

99 

93 

63 

Vacant  Lots,  Depositing  Garbage,  etc.,  on 

99 

47 

18 

Pouring  Filthy  Water  on  

99 

48 

19 

Vagrancy  ' 

99 

16 

10 

Vaults,  Open  Abated  

99 

57 

25 

Digging  in  Streets  and  Alleys . 

99 

96 

69 

Vehicles,  Using  of  Certain,  Without  Consent  of 

Owner  

99 

111 

77 

Violence,  When  Does  Not  Amount  to  Assault 

99 

12 

9 

Vulgar  and  Obscene  Language 

99 

24 

12 

Water,  Pouring  Filthy,  on  Streets,  Alleys,  etc 

99 

48 

19 

Discharge  of  Onto  Streets,  Alleys  and  Side- 

walks  

99 

74 

53 

Hydrants,  Altering  

99 

96 

69 

Mains,  Altering  

99 

96 

69 

Pipes,  Altering  

99 

96 

69 

Taking  With  Intent  to  Defraud 

99 

110 

77 

Water  Closets,  Dwellings  Must  Have 

380 

115 

Water  Department,  Interference  With  Officers  of.. 

99 

109 

76 

Water  Supply,  Obstructing  or  Interfering  With.... 

99 

117 

78 

Weapons,  Carrying  Concealed  

99 

3 

7 

Displaying  in  Angry  Manner  

99 

4 

8 

Weeds,  Removal  of  by  Occupant  of  Premises.. 

99 

105 

74 

Burning  

211 

108 

Women,  Using  Obscene  Language  in  Presence  of.... 

99 

24 

12 

Oaths: 

City  Clerk  to  Administer  

140 

336 

Ordinances,  Method  of  Passage  

9 

346 

Officers  and  Employees,  in  General 

1 

312 

Assessor,  Powers  and  Duties 

1 

E 

317 

and  Collector,  Office  Consolidated 

1 

3 

328 

Attorney,  Powers  and  Duties 

1 

H 

319 

Auditor,  Powers  and  Duties  1 

1 

B 

314 

Assistants  

402 

339 

Chief  of  Police,  Powers  and  Duties 

1 

J 

320 

Clerk  and  Magistrate,  Office  Consolidated.... 

126 

399 

Clerk,  Powers  and  Duties  

1 

D 

316 

Collector,  Powers  and  Duties  

1 

G 

319 

Consolidated  with  Assessor  

1 

3 

328 

Deputy  City  Clerk  

52 

534 

Engineer,  Powers  and  Duties 

1 

J 

319 

Consolidated  with  Supt.  of  Streets 

225 

338 

440 


City  Ordinances 


Ord.  Sec. 

Officers  and  Employees  (Cont.) No.  No. 

Fire  Chief,  Powers  and  Duties 1 K 

Inspector,  Powers  and  Duties 479  

Health  Officer,  Powers  and  Duties 1 M 

Inspector  of  Buildings,  Powers  and  Duties 1 O 

Magistrate,  Powers  and  Duties 1 • C 

and  Clerk,  Office  Consolidated 126  

Acting  183  

Appointing  Geo.  Kirkland 387  

Additional  Duties  8 2 

Office  Hours  _ 8 1 

Manager,  Powers  and  Duties  . . 1 2 

Sealer  of  Weights  and  Measures 1 N 

Superintendent  of  Streets . 1 L 

and  Engineer  Consolidated  .. 225  

Superintendent  Water  Works  1 P 

Treasurer  1 F 

Bonds  of  1 4 

Liability  of  1 6 

City  Planning  Commission  458  

Consolidation  of  Offices,  in  General 31  1 

Oaths  of,  City  Clerk  May  Administer 140 

Police  Officers,  Duty  as  to  Licenses  10  1 

Park  and  Playground  Board.... 541  

Planning  Commission  458  

Amendment  553  

Pensions  57  

Police  Reserve,  Creating  222  

Salaries,  in  General  1 5 

of  Supt.  Streets  and  Supt.  Water  Works 

when  filled  by  same  person 109  

Streets  and  Alleys,  in  General  (See  Chapter  X) 

(See  Misdemeanors). 

Conduits  in  438  4 

Cement  Sidewalks,  Regulating  Construction....  414  

Inspection  and  Survey  251  

Fee  for  414  

Curbs  414  4 

Cross  Bridges  414  5 

Crosswalks  414  6 

Driveways,  Construction  of  353  

Excavations  in  401  

Bond  for  557  

Maintaining  580  

Gutters  414  2 


Page 

320 
341 

322 
325 

316 
399 

336 

339 

331 

330 
313 

323 

321 
338 

327 

317 

328 

329 

350 

332 
...336 

331 
345 

340 

402 

334 

337 
329 

335 
355 

359 

359 

362 
365 
361 
361 
361 

363 

364 

403 
405 

360 


City  of  Phoenix 


441 


Ord.  Sec. 


Streets  and  Alleys  (Cont.) — No.  No. 

Inspection  and  Survey  for  Sidewalks 251  

Pipe  Lines  251  

Fee  for  414  

Numbering  Houses  350  

Poles,  Establishing  Line  for  Certain 226  

and  Posts,  How  Placed 438  1 

Pipe  Lines,  Survey  and  Inspection 251  

Fee  for  414  

Underground  Conduits  438  4 

Street  Railways,  Generally  (See  Chap.  XII) 

Right  of  Way  on  Third  Street 571  

Roosevelt  St 581  

Curve,  Third  and  Roosevelt  Sts 582  

Tracks,  Single,  on  Monroe  St 34  

Paving  155  

Extension  Time  for  264  

Repairing,  Neglect  351  

Taxes  and  Tax  Levies,  in  General 27  

Assessment  Roll  27  4 

to  be  Delivered  to  City  Clerk 27  6 

Assessor  to  Demand  Copy  of  County  Roll....  27  4 

Back  Taxes  27  9 

Board  of  Equalization  27  5 

Deed  on  Foreclosure  27  9 

Delinquent  Taxes  27  9 

List,  Irregularities  and  Omissions 27  9 

Irregularities  and  Omissions  in  Delinquent  List  27  9 

Lien  of  27  7 

Procedure  to  Foreclose  27  9 

Levy  27  3 

Personal  Property  Taxes  27  8 

Redemption  27  9 

State  Law  Adopted  27  3 

Sale  on  Foreclosure,  Who  May  Purchase 27  9 

When  Payable  27  8 

TRAFFIC 

Accidents,  Motor,  to  be  Reported  to  Police  Dept 416  

Age,  Minors  Under  16  Not  to  Drive 312  14 

Alleys,  How  Entered  312  12 

Animal,  Defined  312  1 

Animals,  Frightening  312  2 

Arm  Signals  312  2 


Page 

362 

362 

365 

355 

354 

358 
362 
365 

359 
386 

386 

387 

388 

389 

390 

391 
394 

348 

349 
351 

350 

353 

351 

354 

353 

354 
354 

351 

352 
349 

351 
354 
349 
354 

352 


148 

141 

141 

134 

136 

137 


442 


City  Ordinances 


Ord.  Sec. 

No.  No.  Page 

Auto-bus,  Auto  Carriage,  Auto  Stage 105  122 

Application  for  Permit  105  5 125 

Contents  of  .. 105  3 123 

City  Manager,  Duty  105  5 125 

Bond  or  Insurance  Policy 105  4 123 

Brakes  105  8 128 

Chauffeur,  Qualifications  of  105  7 126 

Reckless  or  Incompetent  105  8 128 

Smoking  by  105  8 128 

Definitions  105  1 122 

Deviating  from  Established  Route 105  8 128 

City  Manager  May  Permit. 105  8 128 

on  Public  Holidays,  etc 141  1 130 

Permit  for  141  2 131 

Fares,  Discrimination  105  8 127 

of  Children  under  6 Years  105  8 127 

Regulating  105  4 124 

Insurance  Policy  105  4 124 

License  .' 105  6 125 

Liquor,  Use  of  by  Drivers  .* 105  11  129 

Non-Skid  Devices  105  8 128 

Parking  Limited  423  149 

Parking  105  8 128 

Penalties  r 105  13  130 

Permit  105  2 122. 

Application  for  105  3 123 

Cancellation  of  105  12  129 

Reckless  Driving  105  11  129 

Running  Board,  Riding  on  . 105  8 127 

Refusal  to  Carry  Passengers 105  8 127 

Schedule,  Maintaining  105  8 128 

Seating  Capacity,  Exceeding  105  8 127 

Signs  , 105  8 128 

Soliciting  Passengers  141  3 131 

at  Trains  151  132 

Stands  141  3 131 

Trailers,  Prohibited  105  8 127 

Transfer  of  Passengers  105  8 128 

Termini  , 105  9 128 

Warning  Signal  105  8 127 

Bicycles  to  be  Placed  in  Racks 193  133 

Bells,  Signal  312  2 137 

Brakes  312  5 140 

Business  District,  Defined  312  1 134 

Cattle,  Driving  Through  Streets  Prohibited 312  21  146 


City  of  Phoenix 


443 


Ord.  Sec. 

No.  No.  Page 

City  Vehicles,  Right  of  Way 312  11  141 

Climbing  upon  Motor  Vehicle  312  16  144 

Congested  District,  Defined  312  1 134 

Curb,  Defined  312  1 134 

Stopping  Vehicle  at  312  10  140 

Dismantling,  Notice  of  . 312  17  144 

Drive,  Definition  312  1 134 

Driver,  Definition  312  1 134 

Driving  While  Intoxicated  312  8 140 

Under  Influence  of  Drugs... 312  8 140 

Backwards  312  13  141 

Drugs,  Driving  While  Under  Influence  of 312  8 140 

Express  Wagon,  Regulating  430  151 

Fire  Department  Vehicles,  Right  of  Way 312  2 137 

Plug,  Parking  Near  312  2 138 

Horn  312  2 139 

Hotel,  Parking  at  Entrance  to 312  2 139 

Isles  of  Safety  312  2 135 

Intersecting  Street,  Defined  312  1 134 

Intersection,  Passing  in  312  2 136 

Turning  at  312  2 135 

Intoxication,  Driving  While  in  Condition  of..  312  8 140 

Job  Wagons,  Regulating  430  151 

Lights,  in  General  312  15  141 

on  Bicycles  312  15  142 

Motorcycles  312  15  142 

Motor  Trucks  312  15  142 

Overhanging  Loads  312  15  142 

Horse  Drawn  Vehicles  312  15  142 

Candle  Power  312  15  143 

Head  Lights  312  15  143 

Side  Lights  312  15  143 

Spot  Lights  312  15  143 

Testing  of  Controlling  Devices 312  15  143 

When  Not  Required  312  15  143 

Motor  Cycle,  Defined  312  1 134 

Motor  Vehicle,  Defined  312  1 134 

Muffler  312  7 140 

Office  Buildings,  Parking  at  Entrance 312  2 139 

Officers,  Police,  Direction  of  Traffic  by 312  20  145 

Parking,  Powers  and  Duties  of  City  Manager 312  18  144 

Penalty  for  Violation  of  Regulations .'. 312  18  145 


444 


City  Ordinances 


Ord.  Sec. 

No.  No.  Page 

Passing  in  Intersection  312  2 136 

Street  Car  312  2 137 

Penal  Clause  312  22  146 

Police  Department  Vehicles,  Right  of  Way 312  2 137 

Railroad  Grade  Crossing,  Guarding 397  147 

Reckless  Driving  . 312  2 135 

Reckless  Driving  3 139 

Repairing  on  Streets  312  2 138 

Right  of  Way  312  2 135 

Sirens  . 312  2 137 

Slow  Moving  Vehicles  312  2 136 

Speed  Limits  312  2 139 

Stopping  132  2 136 

Street,  Defined  312  1 134 

Car,  Passing  312  2 137 

Intersecting,  Defined  312  1 134 

Repairing  Vehicle  on  .. 312  2 138 

Standing  Vehicle  on  312  9 140 

Stopping  Vehicle  on  312  • 10  140 

Tampering  with  Motor  Vehicle 312  16  144 

Theater,  Parking  at  Entrance  to  , 312  2 139 

Tread,  Width  of  : 312  2 137 

Turning  312  2 136 

at  Intersection  312  2 136 

Vehicles,  Defined  312  1 134 

Motor,  Climbing  Upon _ 312  16  144 

Tampering  With  312  16  144 

Slow  Moving  312  2 136 

Repairing  on  Street  312  2 138 

Use  of  Streets  by  Certain  Kinds  Prohibited....  312  6 140 

Warning  Devices  312  2 139 

Whistle  312  2 139 

Water  and  Water  Works,  in  General 400  263 

Chief  Clerk  400  1 264 

Duties  of  400  3 264 

Chief  Engineer  400  1 264 

Duties  of  400  4 266 

Examination  of  Pipes  and  Fixtures 400  11  268 

Entry  on  Premises  for  400  11  268 

Excessive  Use  of  Water  400  16  270 

Fire  Alarm,  Hydrants  Turned  Off  in  Case  of  400  20  270 

Irrigation  (See  that  title). 


City  of  Phoenix 


445 


Water  and  Water  Works  (Cont.) 

Leaks,  Duty  of  User  to  Repair 

Meters,  on  Connections  Outside  City. 

Rates  

Rates  

Minimum  

Plumbers  

Duty  of  

Penalty  

Rates,  in  General  

Subject  to  Change  

for  Building  

Domestic  

Service,  Application  for  

Assessment  for  

Discontinuing  

Excessive  Use  

Rent,  When  Due  

Turn  Off  Charges  

Sprinkling  by  Neighbors  of  User 

Hours  of  

Who  Liable  to  Pay  For 

Regulating  

Superintendent  

Duties  

Tap  Charges  

Turning  on  

Without  Permission  

Off  

Charges  


Ord. 

Sec. 

No. 

No. 

Page 

..  400 

12 

269 

..  174 

280 

..  400 

23 

271 

..  575 

276 

..  170 

279 

..  400 

5 

266 

..  400 

6 

267 

..  400 

26 

272 

..  400 

21 

271 

..  400 

19 

270 

..  400 

24 

272 

. 425 

276 

..  400 

10 

268 

..  400 

15 

269 

..  400 

14 

269 

..  400 

16 

270 

..  400 

15 

269 

..  400 

15 

269 

..  400 

11 

269 

..  400 

11 

268 

..  400 

13 

269 

..  469 

281 

..  400 

1 

264 

..  400 

2 

264 

..  400 

25 

272 

..  400 

9 

267 

..  400 

17 

270 

..  400 

9 

267 

. 400 

15 

269 

6/ 


